September-October 2011 - Kansas Independent Oil and Gas
Transcription
September-October 2011 - Kansas Independent Oil and Gas
September/October 2011 The Challenge of Energy Policy O Explored at 2011 KIOGA Annual Convention ver 800 participants from oil and gas exploration and production companies, service and supply companies, financial institutions, and government agencies converged on Wichita for the KIOGA 74th Annual Meeting and Convention held August 21-23, 2011 at the Hilton Wichita Airport. Also, over 45 exhibitors filled the convention hall for a well attended event. Many legislators, government officials, dignitaries and business leaders from around the nation joined in the convention including U.S. Senator Jerry Moran, U.S. Congressman Tim Huelskamp, U.S. Congresswoman Lynn Jenkins, Kansas Governor Sam Brownback, Kansas Attorney General Derek Schmidt, Kansas Secretary of Commerce Pat George, Kansas State Treasurer Ron Estes, Kansas Securities Commissioner Aaron Jack, KCC Chairman Mark Sievers, KCC Commissioner Tom Wright, KCC Commissioner Ward Loyd, Kansas House Majority Leader Arlen Siegfreid, 19 state representatives, and 7 state senators, 17 state agency officials, and other special guests. Several media outlets covered the convention including the Wichita Business Journal, Wichita Eagle, American Oil & Gas Reporter, The Territorial Magazine, Splurge Magazine, KSN TV Wichita and Eagle Radio. The Chairman’s welcome reception kicked Chairman................. 2 off the convention where the group was entertained Congress...................6 by the music of Cool Blue. KIOGA O&G Tour.....12 The KIOGA Convention Committee, led by George Legislative Session..14 Strecker, once again developed an outstanding Message from program offering President.................18 excellent speakers, a wide variety of exhibitors, Hydraulic Frac.........22 and entertainment. Convention Coordinator, Energy Tax Policy....28 Kelly Rains, did an Communication outstanding job organizing the logistics. A great Priorities..................32 deal of teamwork made this year’s convention an overwhelming success. Convention participants were able to share ideas, network with peers, participate in thought-provoking sessions, and hear updates on KIOGA’s associational activities. Keynote Speakers Keynote Speakers at the KIOGA 74th Annual Meeting and Convention were Bill Snyder and J.C. Watts, Jr. Snyder is the Head Football Coach at Kansas State University. The architect of the “greatest turnaround in the history of college football” Bill Snyder returned to lead the Kansas State University football program in 2009 after 17 ultra-successful seasons as the head coach from 1989-2005. Watts is a former University of Oklahoma quarterback, former Oklahoma Corporation Commissioner and former Oklahoma Congressman. After leaving Congress in 2003, Watts established a lobbying consulting firm, served on corporate boards, and worked as a political commentator. He is currently Chairman of JC Watts Companies, a corporation devoted to executing market development, communications, and public affairs strategies with its partners, customers, and clients. Snyder shared his views on what it takes to be a leader and presented strategies for leading during times of great change. Snyder said that one of the most important things for success was to “involve yourself with people who genuinely care about you, people who truly want to make your life better.” Snyder said he advised students to focus on their faith, their family, and being the best person they can be; set goals based on these priorities; develop a plan for achieving these goals; and persevere when they encounter roadblocks. Snyder said that success was about gradual improvement. Watts said Washington is a place where one administration can create problems for the next 15-20 years. He said it was important to fight for good social and cultural policies that have the right values and principals. Watts said we need policies that create ...continued on page 8 MESSAGE from the CHAIRMAN Dear KIOGA Member, I am honored and humbled by the opportunity to serve KIOGA and our great industry in this unique way. Since its founding in 1937, KIOGA has steadfastly protected and advanced the interests of the Kansas independent oil and gas industry. The diligent protection and advancement of our industry will continue to be KIOGA’s primary mission and charge in today’s challenging environment – an era marked by great economic and political uncertainty and by a growing blanket of aggressive federal regulatory activity. Of particular concern to our industry are a host of economic, regulatory and tax-related issues that potentially affect every facet of our exploration and production activities. These concerns most prominently include: • Dwight D. Keen Chairman, KIOGA • The impact of turbulent international and domestic political and macroeconomic events upon our country’s economic well-being and upon the key supply and demand determinants for crude oil and natural gas; The Obama administration’s punitive tax proposals which, if enacted, would eliminate or repeal virtually all federal oil and gas tax deductions and incentives and would have a significant effect upon domestic investment activity and industry job creation. In essence, these politically targeted deductions represent the equivalent of normal business deductions granted to virtually all other U.S. industries – albeit occasionally under different titles, names or captions. The tax deductions for intangible drilling costs and percentage depletion are neither loopholes nor subsidies. Rather, these deductions are forms of capital recovery or methods of accounting for capital expenditures and are closely analogous to the depreciation deductions allowed for commercial real estate. I contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle. – Winston Churchill 2 • The ongoing, unsubstantiated and unjustified criticism of hydraulic fracturing where proposed federal legislation would, if enacted, have EPA regulation of hydraulic fracturing pre-empt or replace state oversight and enforcement -- all of this, if you will, for a proven environmentally safe technology that has been utilized by the industry since the late 1940’s; • OSHA’s far-reaching flame retardant clothing rule – a rule implemented without the benefit of a public hearing or a public comment period; • The proliferation of broad regulatory and rulemaking activities by the Environmental Protection Agency (EPA) including: 1. Proposed new air emissions standards for oil and gas drilling operations and for emissions and leaks from equipment at gas processing plants; 2. Proposed air toxic standards for oil and gas production facilities – potentially including emissions from wells and storage tanks; 3. Proposed air toxic standards for natural gas transmission and storage facilities; 4. Potential EPA greenhouse gas regulations; and 5. EPA consideration of a petition from the Natural Resources Defense Council requesting that oil and natural gas drilling fluids and produced waters be regulated by the EPA under the Federal Resource Conservation and Recovery Act. ...continued on page 26 For more information on advertising in the newsletter, KIOGA thanks the following companies for their support though advertising in our newsletter. Please contact the KIOGA office: PHONE: 316-263-7297 AdvertiserPage Basic Energy Service 17 Central Power Systems 29 Coffeyville Resources 28 Duke Drilling Co. 17 Evenson Auctioneers 27 Hartman Oil 10 IHS 35 Jayhawk Oilfield Supply 34 JB Ranch 12 Kimray 13 KOGRF 19 Lockhart Geophysical 27 Melland Engineering 24 Murfin Drilling Co., Inc. 12 Paragon Geophysical Services, Inc. Polymer Services, LLC 5 FAX 316-263-3021 E-Mail - [email protected] Be part of the KIOGA Express Have up to the minute news and and information on our email express. If you are not getting the email alerts and would like to be added to the list, please send your email address to: [email protected] 25 Rainmaker Sales, Inc. 9 SCO-JO 4 Tidelands Geophysical 24 Tim Miller Oilfield Sales 34 The Independent Oil & Gas Directory 17 Oil Field Gas Field Oil and Gas Field 3 KBA/KIOGA Oil & Gas Conference Coming October 21st! M ark your calendars for Friday, October 21, 2011 for this year’s KBA/KIOGA Oil & Gas Conference. The conference will be held at the Hyatt Regency Hotel located at 400 West Waterman in Wichita. In order to keep abreast of legal issues that regulate the oil and gas industry, the Kansas Bar Association (KBA) and KIOGA are coming together for the 36th year to offer continuing legal education (CLE) seminars approved for CLE credit in Kansas. Several topics of interest to oil and gas producers will be presented at this year’s meeting including issues and concerns associated with horizontal drilling in Kansas by David E. Bengston (Stinson Morrison Hecker LLP in Wichita), John G. McCannon, Jr. (Kansas Corporation Commission in Wichita), and Timothy E. McKee (Triplett Woolf & Garretson LLC in Wichita), a presentation reviewing potential refinements and redefinitions in lease provisions for the realities of resource play operations by John W. Broomes (Hinkle Law Firm LLC in Wichita), and Amy D. Flaming (National Cooperative Refinery Association in McPherson). John G. Pike (Withers Providing Complete Land Services Complete Environmental Compliance • Lease & ROW Acquisition • Mineral & HBP Ownerships • Curative • Project Management • S.P.C.C. Plans • Tier II Reports • Annual Inspections • Products & Supplies • Field Eng. Ofc (405) 340-5499 Fax (405) 720-9449 4 Gough Pike Pfaff & Peterson LLC in Wichita) will discuss issues related to division orders. A discussion of accommodation issues and exploration of Kansas law pertaining to surface rights granted to oil producers under oil and gas leases and Kansas law pertaining to rights granted to wind energy developers under wind farm leases and easements will be presented by David W. Nickel (Depew Gillen Rathbun & McInteer L.C. in Wichita) and Steven Gough (Withers Gough Pike Pfaff & Peterson LLC in Wichita). The conference will open with a presentation by Professor David E. Pierce (Washburn University School of Law in Topeka) examining what the courts have done to oil and gas law recently. The conference will close with a presentation from Edward P. Cross (Kansas Independent Oil & Gas Association in Topeka) examining hydraulic fracturing regulatory and policy considerations across the nation. The conference has been approved for 7.0 hours of continuing legal education (CLE) credit. Make plans to join us on October 21st to share ideas, network with peers, and participate in thought-provoking seminars. Website: sco-jooilandgas.com Newsline Update (316) 269-5464 Line 1Ed Cross, KIOGA President - Ed will discuss the biggest challenges the oil and gas industry is facing at this time. Line 2 Chris Tucker, Energy in Depth - Chris will talk about regulatory and policy considerations associated with hydraulic fracturing. Line 3Tom Ward, Chairman & CEO of SandRidge Energy - Tom will talk about the “game changing” new horizontal oil play in the Mississippian Lime. Line 4 Dr. Malcolm Harris Sr., Professor of Finance at Friends University in Wichita - Dr. Harris will talk about the threat to the U.S. dollar from our nation’s chronic balance of payments deficity and the role of energy in that threat. ON AG NE R PA S GO SS HA RELE WI KA N BA SAS C O SE MP D AN Y Ahead of the rest in Quality, Technology and Performance The Right Choice for Seismic NEW SERCEL UNITE Wireless Recording System featuring real time QC and data collection (NO CABLES—LESS IMPACT!) Vibrators available with low impact TURF TIRES especially for no-till farm operations or cleated tires for compatibility in all terrain Vibroseis or dynamite sources 3 INOVA Scorpion Recording Systems with over 20,000 Channels All Digital Three Component Recording 3-D Design software, including Topo & Satellite map 3D layout Environmentally Responsible and Quality Orientated Paragon Geophysical Services, Inc. 3500 N. Rock Rd. Bldg 800, Ste B Wichita, KS 67226 (316) 636-5552 FAX (316) 636-5572 [email protected] www.paragongeo.com 5 Congress Returns to Washington C Oil & Gas Tax Provisions Remain a Target ongress returned to Washington after Labor Day to begin session with the Obama Administration and a number of Democratic Congressional members calling on Congress to target oil and gas tax provisions as a way to raise revenue. Such proposals would strip essential capital from U.S. oil and natural gas investment. These punitive tax proposals would serve to reduce investment in U.S. oil and natural gas production by 20% to 40%. At the same time they could drive down U.S. oil production by 20% and natural gas production by 12% potentially killing thousands of jobs. These proposals would result in an estimated direct loss of oil and natural gas investment of over $140 million annually in Kansas and would have an estimated $4.3 billion negative impact on the Kansas economy within four years of enactment. These tax provisions are important to small independent oil and natural gas producers and royalty owners. Independents produce 92% of the oil and 63% of the natural gas in Kansas. KIOGA continues to take the concerns of Kansas independent oil and natural gas producers directly to those in Congress and is working hard to voice industry’s concerns and educate policymakers, media, and the public on the reality of these proposals. Federal Debt Ceiling Agreement The federal debt ceiling debate last August highlighted the legislative dysfunction in Washington and suggests fiscal dynamics going forward will be more challenging. The oil and gas industry avoided damage in the federal debt ceiling agreement, but vulnerability continues as Congress begins work on tax reform. In a last ditch effort to increase the federal debt limit, congressional leaders and the White House came to agreement through bipartisan compromise on a bill that raises the debt ceiling and reduces the federal deficit by $2.4 trillion. The U.S. House of Representatives passed the measure 269 to 161 on August 1st and the Senate passed the measure 74 to 26 on August 2nd. The bill was sent to the White House where President Obama signed it into law. The first phase of the debt plan requires Congress to cut spending by approximately $1 trillion over the next decade. In addition, the debt deal set up a 12-member joint congressional committee “Super Committee” that is tasked with trimming the deficit by another $1.5 trillion. Although no new taxes are on the table under the debt ceiling legislation, several Democrats are calling on the debt panel to target the oil and gas industry’s tax provisions as a way to raise revenue. While we dodged a bullet with the debt ceiling deal, we can expect oil and gas tax provisions to continue to be targeted as the debt panel looks for ways to raise revenue and cut $1.5 trillion from the deficit. What’s Going to Happen to Industry’s Tax Provisions? 6 Republican leaders in both the House and Senate have stated publicly that they have not appointed members to the super committee who would favor raising taxes. By doing so, taxes would theoretically be off the table. However, there is some wiggle room. It is possible that this super committee could recommend revenue-neutral tax reform that lowers personal and corporate tax rates and eliminates deductions to pay for this in a way that does not raise the total amount of taxes collected by the government. Also, it is possible that the committee could end “loop holes” in the tax code to help reduce the deficit but leave corporate and personal rates where they are so that they could claim that no one had their tax rates go up. Under either of these scenarios, items like percentage depletion and intangible drilling costs (IDCs) could be on the chopping block. Thus, it is imperative that KIOGA continue to aggressively tell our story about the jobs our industry supports and that we distinguish ourselves from the major integrated oil and gas companies. It is possible that Congress could end deductions for the majors and leave independents alone entirely. The majors continue to work to protect their tax provisions and we must continue to work to protect our tax provisions. KIOGA has a strategy for protecting critical oil and gas tax provisions and key to that success is timing and the significant positive relationships we have developed with key Republican and Democrat policymakers. Our challenge in this debate is to make sure they all realize the importance of keeping the capital that we all use to drill wells, create jobs and provide the energy America needs from being sacrificed by the repeal of the percentage depletion allowance or IDCs. KIOGA is focused on this mission and work with Democrats, Republicans and Tea Party members alike in explaining this message. What is KIOGA Doing? During 2011, KIOGA President Edward Cross has worked with our Oklahoma and Texas colleagues to visit 22 Senators and 32 Representatives. Many key U.S. Senators and Representatives are looking more and more to our group for guidance on sensitive energy issues including oil and gas taxes. When we meet face-to-face with congressional members and explain our message, most are supportive. We are becoming increasingly more productive. KIOGA has been and will continue to emphasize to policymakers that the Obama Administration’s proposal to raise energy taxes is predicated on three false suppositions: 1. Taxing oil companies will bring down the price of gas, 2. Washington needs more money, and 3. Oil and gas producers are the recipients of government subsidies. Of course, we know none of these presumptions are true. We will continue to explain the detrimental impact that repealing normal business deductions, mischaracterized as subsidies by the Obama Administration, would have on American oil and gas production and ultimately economic recovery and future growth of the American economy. KIOGA has developed a number of fact sheets and other educational materials we provide policymakers and staffers. ...continued on page 7 Congress...continued from page 6 Meeting with House Speaker John Boehner - A number of Kansas producers joined some of our colleagues from Oklahoma, Texas, California, Montana, and Illinois to meet with U.S. House Speaker Boehner in Wichita on August 29th to discuss the importance of oil and gas tax provisions (namely percentage depletion and intangible drilling costs) to small independent producers. Speaker Boehner was frank and honest in his comments. Speaker Boehner seemed open to the idea of lowering the corporate and personal tax rate in exchange for elimination of deductions. Boehner’s comments reflect what we hear as we walk halls and talk about our issues in Washington where we find strong sentiment among Republicans and Democrats for tax reform. He also said President Obama is determined to rid the oil and gas industry of perceived special tax deals. Speaker Boehner was not optimistic the “super committee” could produce a tax reform package by November 23rd, but might come up with suggestions for further reducing the federal deficit or could possibly suggest directing the tax writing committees to do something by mid 2012. The Speaker’s comments suggests that our strategy to continue to explain to Republicans and Democrats how a lower corporate and individual tax rate in exchange for the elimination of percentage depletion and IDCs doesn’t work for us or for America because of the lost jobs and lost revenue that would result is on the right course. All the producers present did an outstanding job of driving that message home as each producer was able to share with the Speaker what percentage depletion and IDCs mean to them and their business. What is our impact? - KIOGA began in 2009 with a strategy to build positive relationships with Democratic Senators from oil producing states and began building such relationships with 11 Democratic Senators. In 2010 we expanded that to include both Democrat and Republican policymakers and visited 25 Senators and 41 Representatives. In 2011, we have had discussions with 22 Senators and 32 Representatives. Many key U.S. Senators and Representatives are looking more and more to our group for guidance on issues impacting the small businesses that make up the independent oil and gas industry. We have gotten the undivided attention of a number of key Democratic and Republican members of the U.S. Senate. Our efforts helped keep oil and gas tax provisions out of the federal debt ceiling agreement and helped stave off attempts to impose federal hydraulic fracturing regulation. In short, we are making a difference! The outcome of our latest efforts in Washington indicates we are becoming increasingly more productive. KIOGA Actions Moving Forward The first phase of deficit reduction included in the package sent to President Obama on August 2nd did not include any new tax revenues so our tax provisions (percentage depletion & IDC’s) were preserved. However, the bill passed by Congress did set up a second round of deficit reduction to be undertaken by the super committee before Thanksgiving. The 12 members of the bipartisan committee are Representatives Clyburn (D-SC), Van Hollen (D-MD), Becerra (D-CA) Hensarling (R-TX), Camp (R-MI), Upton (R-MI) and Senators Kyl (R-AZ), Toomey (R-PA), Portman (R-OH), Murray (D-WA), Baucus (DMT), and Kerry (D-MA). KIOGA has met with 10 of the 12 members of the super committee. The super committee will be on a fast track and whatever recommendations it makes cannot be amended by the House or Senate and will require only a majority of each house (not 60 votes in the Senate) to be approved. If the committee is deadlocked or if Congress does not approve its recommendations by the end of the year, a total of $1.2 trillion in across-the-board cuts (50% on domestic discretionary spending and 50% on national defense, veterans, homeland security and foreign aid) will take effect starting in January of 2013. The theory is that these across the board cuts will be so draconian that this will force the bipartisan committee and Congress to adopt cuts in entitlement programs and increases in tax revenues. Thus, it is imperative that KIOGA continue to aggressively tell our story about the jobs our industry supports and that we distinguish ourselves from the major integrated oil and gas companies. Politically, Democrats can’t afford to lose the large number of hardcore Democrats who are avidly opposed to any cuts in entitlement programs like Medicare and Social Security. They intend to use cuts the Republicans want to make in entitlements as their major issue in the 2012 elections. President Obama is trying to scare Americans into believing that reforming Social Security and Medicare puts their benefits into jeopardy. The President has even proclaimed that we won’t be able to pay our troops. In the past, President’s have used their office to inspire confidence. President Obama’s ineffective leadership has created dangerous uncertainty with many consumers as well as the market. Republicans can’t afford to go into the 2012 elections having raised revenue (taxes). The tax issue is their issue in the 2012 elections and it appears that under no circumstances will they give it up. Members, primarily in the House, who were either elected by or are in sympathy with the “Tea Party” movement believe they have a mandate from the electorate to rein in spending at all costs and so far are refusing to budge on anything short of major cutting of government spending. Our challenge in this debate is to make sure they all realize the importance of keeping the capital that we all use to drill wells, create jobs and provide the energy America needs from being sacrificed by the repeal of the percentage depletion allowance or IDCs. We are focused on this mission and work with Democrats, Republicans and Tea Party members alike in explaining this message. We are producing results. Many Democrats will be on the side of U.S. Domestic independents keeping the capital we need to produce the energy, jobs and the economic ...continued on page 10 7 2011 KIOGA Convention...continued from page 1 opportunities for people to work and you get them by creating an environment where independent producers can drill more wells, and an environment where people will risk their capital to create more jobs and opportunities. Watts shared his view that increasing costs to businesses with more taxes, more regulation, and more litigation results in passing along those costs to the consumer. Watts said “The Democrats think you can sink the captain’s quarters without sinking the crew’s quarters.” Watts encouraged independent producers to get involved in the political process saying “The Republicans in the House of Representatives are the only barrier keeping the oil and gas industry as we know it from being shut down. Give them the information they need to understand your industry, the funds they need to fight for the truth, and the votes they need to stay in office.” Kansas Governor Sam Brownback addressed the convention by praising oil and gas producers’ contribution to the state economy and outlined his approach to job creation. “We are working on ways to put our tax code in a more pro-growth position,” said Brownback. “We will be putting out proposals for ways that we can generate the revenue this state needs in a more pro-growth position so we can create private sector jobs.” Brownback said the state must continue to cut its costs saying that “Almost half the state budget is federal pas through money, and that number is going to come down. We need to be prepared.” KIOGA Board of Directors and General Membership Meeting 8 The KIOGA Board of Directors and General Membership Meeting featured an update on association activities including governmental relation activities in Topeka and Washington, federal and state legislative and regulatory update, review of primary and general elections, update of ongoing association public information program activities, and more. Dick Schremmer, outgoing KIOGA Chairman, welcomed the board. Mike Cantrell, President of the Domestic Energy Producers Alliance, informed the board about the collaborative effort of the Domestic Energy Producers Alliance (DEPA) and how DEPA helps KIOGA and other collaborative associations enhance their impact in Washington. David Nickel updated the board on ongoing Kansas mineral severance tax audit issues. Steve Dillard provided an informational update on the wind development issues emerging in Kansas. Jon Callen summarized the progress of the Kansas Oil & Gas Resources Fund (KOGRF) public information efforts. Edward Cross, KIOGA President, reported to membership on KIOGA’s federal and state legislative and regulatory activities, communication challenge, advocacy strategy, and summarized the progress of KIOGA’s public information efforts and initiatives. The board elected a new Chairman, new members to the Board of Directors, and new Advisory Board Members. Dwight Keen, President of Keen Oil Company in Winfield was elected the new Chairman, succeeding Dick Schremmer of Bear Petroleum, Inc. in Haysville who completed his two-year term as Chairman. See article in this newsletter for more information. Technical Sessions Nearly 500 participants heard technical presentations made during the Conference. The morning technical session saw an overflow crowd of over 300 listen to panelists discuss how the decisions of the Obama Administration impact oil and gas producers and the economy. The panel discussion titled “Energy Policy Challenges Facing the 112th Congress” explored what policies are currently in place in the 112th Congress and what may lie ahead in future policy. Panelists included Kansas 1st District Congressman Tim Huelskamp and Kansas 2nd District Congresswoman Lynn Jenkins. During the forum: • Representative Jenkins said “. . . if we could reform the mandatory spending items – Social Security, Medicare, Medicaid – that drive debt and our deficit; if we could get the boot of the regulator off oil and gas producers’ neck, we could get the economy moving again.” • Representative Huelskamp said “This Administration and many others are committed to making certain oil and gas producers cannot operate, because in their world, it is wrong for us to use any type of fossil fuel.” • Representative Jenkins said the Republican controlled House can stop bad legislation but cannot move a positive agenda forward without agreement from the Democrat controlled Senate and the President. • Representative Huelskamp said the key to revitalizing the U.S. economy lay in eliminating unneeded regulation. “For every federal regulator eliminated, you can create 98 private sector jobs annually. Despite those findings, the Obama Administration continues to introduce new regulations.” In discussing regulatory matters, Huelskamp said Republicans in the House of Representatives are doing what they can to stop onerous regulations. “Through the budget process, we are attempting to handcuff the regulators,” he reported. “We try to roll back their spending levels or add restrictions to where funding can go, particularly for the Environmental Protection Agency.” He added that each week it is in session until December, the House planned to hold up-or-down votes on regulations that were particularly onerous. “This will not do away with the regulation, but it gives us an opportunity to talk about how we need to get the economy moving again,” Huelskamp said. That talk will only turn to action if the Republicans gain numbers in the Senate, Jenkins predicted. “The government cannot do anything positive when only one chamber supports the necessary changes,” she said. “The House can pass all kinds of bills, but Harry Reid is going to let everything he continued on page 9 2011 KIOGA Convention...continued from page 8 does not support die in the Senate. He is never going to pass a budget, and probably never will take up one of our appropriation bills or the ones that reign in regulation. The only way to fix this is to use the power of the ballot box.” Jenkins and Huelskamp both expressed doubt that the Joint Select Committee on Deficit Reduction would come up with a politically feasible method to reduce U.S. spending. Both agreed that to make reductions stick, we need a balanced budget amendment to force the hand of future members of Congress and presidents. Both representatives said tackling the deficit would require fundamental tax reform. They assured attendees they would do everything in their power to protect percentage depletion and intangible drilling costs. “As representatives of Kansas, it is our responsibility to say, ‘These provisions are important. They are not loopholes. They are ways of doing business for your industry,’” Huelskamp expressed. Jenkins added that eliminating oil and gas tax deductions would only generate $3 billion a year. “We are going to need much greater savings than that,” she said. “We need to start with the most expensive items, such as employeeprovided health benefits ($160 billion), home mortgage deductions ($90 billion), and the Obamacare tax giveaway ($50 billion).” In another morning seminar Jim Prescott, of Prescott Group LLC, an independent contractor to TransCanada, spoke about TransCanada’s Keystone XL Pipeline. After expressing confidence that the U.S. State Department would approve the project, Prescott said Transcanada was ready to begin construction and hoped to begin as early as the first quarter 2012. He said TransCanada would link Cushing to the Gulf Coast before it began building the pipeline connecting Alberta to Cushing. Afternoon technical sessions focused on ways to improve oil and gas operational efficiencies. Francis L. Weigel of Champion Technologies Well Diagnostics and Analysis Group discussed ways to prevent or remediate well failures by utilizing a Dynamometer Scan Analysis Process to determine root cause of wells failures and sequential solutions to reduce lifting costs. Kerry Kisslinger of ESGroup discussed opportunities for using wind turbines to generate electricity at the well-site to reduce operating costs. Cathie Thorpe of Kansas Strong and Edward Cross, KIOGA President, presented a “Petro Pros” workshop to prepare interested volunteers for delivery of standards-based classroom presentations and energy education curricula to Kansas schools. exciting artistic element during the convention by creating live paintings of historical events of western America. The paintings were auctioned off in a silent auction. Golf - Sporting Clays – Gin Rummy - Bingo and Ladies Events The Annual KIOGA Golf Tournament hosted over 200 golfers and was held on two courses, Willowbend and Rolling Hills. The KIOGA Sporting Clays Tournament, gin rummy, and Bingo Bash also saw nearly 100 participants. The KIOGA ladies events were well attended. Ladies events included lunch at one of Wichita’s newest grills – Newport Grill – and a very interesting program from Stephanie Bergmann who shared some experiences and stories from her career as an anchor for KSN. The ladies events also included a cooking demonstration at the Taste & See Gourmet. Special thanks goes to our members, sponsors, contributors, supporters, and exhibitors for making the KIOGA 74th Annual Meeting and Convention a resounding success. With this year’s convention behind us, we begin planning for more value-added features to make next year’s convention even more successful! Entertainment KIOGA’s 74th Annual Convention evening entertainment event began with a cocktail party followed by dinner as we celebrated KIOGA’s Annual Convention Committee Chair, George Strecker’s George’s Tailgate Party. Attendees showed support for their favorite team by dressing the part. The “half-time” show followed dinner with the magic and comedy of Erick Olson who provided an excellent show loaded with audience participation. A great time was had by all. Angela Craver added an 9 Congress .continued from page 7 benefit that we produce. Evidence of the success of our efforts were reflected in Senate Assistant Majority Leader Dick Durbin (D-IL) comments on CNBC on September 24th when he acknowledged that ending oil and gas tax provisions was a hot topic even within his own Democratic caucus. Republicans are solidly in our corner; at least until the overall reform of the tax code is on the table. The idea of lowering the “corporate rate” in exchange for the elimination of deductions has many Democrat and Republican supporters. We will have to continually explain how this proposition just doesn’t work for us. It is simply a tax increase for the independent oil and gas producer and royalty owner. They cannot get rates low enough to offset the loss of our tax provisions. Even if they could; tax provisions lost are lost forever. Tax rates will always creep back up. Going forward, KIOGA will continue to work with our Oklahoma and Texas colleagues to build on the relationship we have started with Speaker Boehner and educate and work with House and Senate leadership policy staffers who will be working on tax reform. These people will have significant influence on any revenue proposals to the new super committee may suggest. We will also continue our diligent efforts to make sure enough moderate Democrats and Republicans agree that our tax provisions have no resemblance to tax credits or subsidies. While tax reform may not come until after the 2012 elections, we have to remain vigilant and prepared for the unexpected. We can expect President Obama to continue to press for the elimination of tax provisions for both majors and independents. KIOGA developed new fact sheets titled Energy in the U.S. and Lessening Our Dependence on Foreign Oil, and Economic Impact of Eliminating Oil & Gas Tax Provisions. These fact sheets have been and will continue to be distributed to key policymakers and staffers. They can also be found on the KIOGA website at www.kioga. org. 10 We have to explain over and over again how a lower tax rate in exchange for the elimination of percentage depletion and IDC’s doesn’t work for us or America because of the lost jobs and lost revenue that would result. With several Democrats appointed to the debt-reduction committee who are outspoken about ending fossil fuel “subsidies”, our work with Democrats over the past 2 1/2 years just got even more important as no oil and gas industry group has established positive and credible relationships with a number of Democrats like our group. Even the most liberal Democrats can get their arms around hitting “Big Oil” and leaving the small domestic independent producer alone. In the end, our success in maintaining our tax provisions rely on us being able to differentiate ourselves from “Big Oil”. Now, it is more important than ever to differentiate ourselves from “Big Oil”. KIOGA will continue our aggressive and diligent campaign to educate policymakers and make that distinction. KIOGA Shines at Kansas State Fair F 12th Consecutive Year with Educational Exhibit or the 12 consecutive year, KIOGA participated in the Kansas State Fair. KIOGA’s long-standing presence at the Kansas State Fair has proven to be very effective for building goodwill and providing opportunity to communicate with the public. Treating fair-goers from across Kansas with informational material explaining the truth about the oil and gas industry, volunteer KIOGA members present the Kansas oil and gas industry in a positive light. More than 300,000 visitors attended this year’s Kansas State Fair that ran September 9th-18th. “We get to see a lot of people,” said Kelly Rains, KIOGA’s fair exhibit coordinator. “Interactive exhibits and models allow fair-goers the opportunity to gain a better understanding of how oil and gas is formed, discovered, and produced in Kansas and why it is so important to our economy and standard of living. With new oil and gas plays being developed in south-central Kansas, we encountered a number of folks this year who were very interested in learning more about the Kansas oil and gas industry.” Interactive exhibits and models including a pipe screw activity, and microscope and rock samples drew the interest of numerous passer-bys. A special thanks goes to John Niernberger for preparing and allowing the pipe screw activity to be used at the fair. In addition, KIOGA energy education material and data provided facts and statistics about the Kansas oil and gas industry. KIOGA relies on an extensive volunteer network for staffing the fair exhibit. Several KIOGA members stepped up and volunteered their time to interact with fairgoers. Special thanks go to the following volunteers and the companies that allowed them time to staff the KIOGA booth: th Vince Anderson & Jerry Mason Bob Bass Don & Linda Beauchamp Brandi Biggs, Casey Blair Tom and Kathy Blair Nate Carter & Ricky Miller Brian Clark Alan & Dianne DeGood Kimberly Dimmick-Wells, Garry Walker, Larry Linville Marjorie Noel, Kimberly Wooten Kelley Edgar Kevin Fischer, Mica Nelson Brian Gaudreau Bill & Judy Hess Kristie Homeier, Mindi Ulrich Tim & Barb Scheck David Jervis Dwight & Lenora Keen Jeff Kennedy Bob Krehbiel Kathryn Langrehr David Lechner John Niernberger Larry Richardson Debbie & John Rogers Duke Drilling Co. National Oilwell Varco Abercrombie Energy KIOGA Tomco Oil, Inc. Pacer Energy Clark Marketing Solution American Energies Corp Woolsey Operating Co. Woolsey Operating Co. Woolsey Operating Co. Edgar Oil Co. Apollo Energies, Inc. Vess Oil Corporation Cobalt Energy, LLC Scheck Oil Operations Scheck Oil Operations Range Oil Company, Inc. Keen OIl Company Martin, Pringle Attorney at Law Langrehr & Company Sterling Drilling Co. Ritchie Exploration, Inc. Pickrell Drilling Co., Inc. Desk & Derrick Club Dick & Janice Schremmer Carol Schuetz Ernie Morrison, Mark Schreve Rick Stinson Bob Swann Darrel Walters Bear Petroleum Territorial Magazine Mull Drilling Co., Inc. Lario Oil & Gas Co. Swann Resources Berentz Drilling The KIOGA Educational Foundation sponsored the educational booth at the Kansas State Fair. If you would like to make a donation to the foundation or find more information about our energy education programs, please contact Kelly Rains at the KIOGA Wichita office at 316-263-7297 or Mark Shreve at 316-264-6366. 11 Gov. Brownback Joins KIOGA Oil & Gas Field Tour Marks First Annual Event K IOGA conducted our first annual oil and gas field tour on September 27th. The tour highlighted some of the technologies that are helping pave the way for finding and developing new oil and natural gas reserves in Kansas and around the nation. Wayne Woolsey of Woolsey Energy Corporation was gracious to provide itinerary and sites for visitation. Woolsey Energy Corporation employees provided information and narrative for the tour and we especially want to thank Wayne Woolsey, Dean Pattisson, Scott Frazier, Carl Durr and Garry Walker for their outstanding efforts. Twenty-four folks joined the tour including Kansas Governor Sam Brownback and a number of his staff, Kansas State Representative Kyle Hoffman, Kansas State Representative Mitch Holmes, Kansas Corporation Commission (KCC) Chairman Mark Sievers, KCC Commissioner Tom Wright, KCC Commissioner Ward Loyd, KCC Oil & Gas Conservation Division Director Doug Louis, Rex Buchanan of the Kansas Geological Survey and representatives from the Kansas Department of Commerce. The tour was also joined by Dave Murfin, KIOGA Chairman Dwight Keen, and KIOGA President Edward Cross. Several media folks also joined the tour including representatives from the Wichita Eagle, Pratt Tribune, and KAKE-TV. Media coverage of the tour was positive and appeared in the September 28th Pratt Tribune and September 29th Wichita Eagle. The 5-hour tour made 5 stops at Woolsey Energy Corporation sites in Barber County south of Medicine Lodge. The group was able to tour a horizontal drilling operation, vertical drilling operation, a commercial salt-water disposal operation, a slick water hydraulic fracturing operation, and a horizontal producing well. The group was also treated to an onsite lunch at the hydraulic fracturing site. The tour was very beneficial for illustrating a number of field operations that government officials often hear about but most have never witnessed. “Watching a state-of-the-art world class drilling company that is also environmentally conscious was inspiring,” said Governor Brownback. “The fact that this level of economic activity is taking place when times are tough is good to see. It means jobs and income to Kansas.” Kansas Governor Sam Brownback and KIOGA Chairman Dwight Keen at hydraulic fracturing site Dave Murfin, Carl Durr, Governor Brownback and Wayne Woolsey at horizontal drilling site JB RANCH KANSAS, LLC Julie’s Beef! As presented KIOGA 2011 Summer sausages, Jerky, Meat Sticks & more! 316-619-9045 www.jbRanchKansasLLC.com all natural grass finished black angus 12 CONTRACTORS AND PRODUCERS 250 N. Water, Suite 300, Wichita, KS 67202 316-267-3241 85 Years of Service to the Oil and Gas Industry IOGCC Annual Meeting October 16-18, 2011 Buffalo, NY COPAS Fall Meeting October 17-21, 2011 Wichita, KS KBA/KIOGA Oil & Gas Conf. October 21, 2011 Wichita, KS ASP Ent. The Road Show October 25, 2011 Wichita, KS Kansas Pipeline Safety Seminar October 25-27, 2011 Salina, KS IADC Annual Meeting November 9-11, 2011 Austin, TX IPAA Annual Meeting November 10-12, 2011 LaQuinta, CA AG & Oil Expo November 30, 2011 Russell, KS Annual Service & Suppliers PartyDecember 7, 2011 Wichita, KS KIOGA Midyear Meeting April 19-20, 2012 Garden City, KS KIOGA 75th Annual Conv. August 19-20-21, 2012 Wichita, KS 13 KIOGA Preparing for Upcoming Legislative Session T Several Challenges Emerging he challenges facing the Kansas oil and gas industry have grown in both number and complexity. In addition to the federal challenges coming from Washington, a number of state issues are beginning to emerge. KIOGA has been busy preparing for the upcoming 2012 regular Kansas legislative session which begins on January 9, 2012. Many KIOGA members have been participating in legislative and regulatory meetings focusing on issues important to the independent oil and gas industry. Some of the most significant state challenges include hydraulic fracturing, conservation fee and severance tax lawsuits, fee fund sweep case, filing fee increases, severance and ad valorem tax issues, KCC 10-year TA exception and horizontal drilling permit concerns, and wind development issues. 14 Governor Brownback Names KIOGA Members to Council of Economic Advisors - On July 27th, Governor Brownback established the Governor’s Council of Economic Advisors. The Council is charged with coordinating strategic planning and economic development resources, evaluating state policies and agencies performances, and conducting research on topics such as Kansas’ basic industries, tax competitiveness, and regulatory structure. The Governor named 16 members to the council including KIOGA members Dave Murfin and Gerry O’Shaughnessy. Meetings with Governor Brownback and Cabinet Secretaries - At the request of the Governor, KIOGA President Edward Cross met with Governor Brownback on August 2nd to discuss the development of the Mississippi Lime Play in southern Kansas. Cross discussed the potential impact of the field - the impact to the oil and gas industry, economic impact for the state of Kansas, and some of the potential challenges it will bring for industry as well as the state of Kansas and regulatory agencies. Cross met with the Governor again on August 15th to continue discussions about the Mississippian Lime Play development, wind project issues, COTA filing fees, KDOR severance tax issues, and KCC 10-year TA Exception rule. On September 21st, Cross along with Dave Murfin and representatives from Woolsey Energy Corporation including Wayne Woolsey, Scott Frazier, and Dean Pattisson met with Governor Brownback along with Kansas Commerce Secretary Pat George, Kansas Revenue Secretary Nick Jordan, Kansas Department of Health & Environment Secretary Robert Moser, Kansas Corporation Commission Chairman Mark Sievers, and a number of agency staffers to continue discussions about the potential impact and challenges posed by the Mississippian Lime development in Kansas. Interim Hearing on Hydraulic Fracturing - The Kansas Legislative Joint Committee on Energy and Environmental Policy met on September 9th and discussed a number of issues including hydraulic fracturing. At the request of committee chairman, Representative Carl Holmes (R-Liberal), KIOGA President Edward Cross gave the committee an update on hydraulic fracturing policy and regulatory issues from across the nation. KCC Oil & Gas Conservation Division Director Doug Louis was also requested to give an update on how the KCC regulates hydraulic fracturing. Cross told the committee that an extensive regulatory apparatus at all levels of government was in place to ensure hydraulic fracturing continues to be well regulated. He went on to say that because they understand the regional and local conditions and have every motivation to protect the environment in which they and their families live, state regulators are in the best position to protect groundwater and drinking water sources. He also said that industry too has strong incentives to maintain a high level of environmental performance, and have worked hard to review and improve our operations and communication with the public. Cross said that environmental groups attempts to criticize the state regulatory process is illustrative of the shallow and wholly flawed approach they use to link unrelated incidents in an innuendo filled collection of unfounded allegations. Governor’s Economic Summit on Energy - KIOGA President Edward Cross was invited by Governor Brownback to participate in the Governor’s Economic Summit on Energy on October 4th in Wichita. Cross was part of a roundtable discussion about what Kansas can do to maintain and grow the energy sector. Cross related the need for pro-growth and competitive tax structures that encouraged capital development in the oil and gas industry. Cross said tax structures that allow oil and natural gas producers to retain more of their revenues to reinvest translates into new resources and economic development in Kansas. Cross also related the need to streamline oil and gas regulation to balance the protection of the environment and correlative rights without inhibiting active development of multi-billion barrel, long-life reserves in Kansas. KCC Conservation Fee & Severance Tax Lawsuits - In a class action lawsuit filed against The Trees Oil Company in Haskell County, plaintiffs asserted that the statutory conservation fee is not payable by royalty owners and the severance tax should not be applicable to helium produced from any wells. These issues have significance for all oil and gas operations in the State of Kansas as the Kansas Corporation Commission (KCC) has issued regulations regarding the manner in which the conservation fee is to be paid and the manner in which the severance tax is to be collected upon helium production. A motion for Summary Judgment was heard in Haskell County District Court, which ruled against the plaintiffs. The plaintiffs appealed the decision of the district court to the Kansas Court of Appeals seeking a reversal of the District Court’s decision. A Kansas Court of Appeals decision to uphold the District Court’s decision would be beneficial to KIOGA members. Likewise, a decision reversing the District Court’s decision would be detrimental to KIOGA members. For this reason, KIOGA filed an Amicus Brief. The KIOGA Amicus Brief was prepared and filed by Kimberly A, Green ...continued on page 15 Legislative Session...continued from page 14 (assisted by David W. Nickel) of Depew, Gillen, Rathbun & McInteer LC. KIOGA’s Amicus Brief provided information supporting the district court’s grant of summary judgment in favor of The Trees Oil Company with respect to the KCC conservation fee; the Kansas Department of Revenue filed an Amicus Brief which supported the district court’s decision with respect to the severance tax issue. KIOGA’s Amicus Brief stated: “Consistent with the findings of the district court, the KCC’s rules and regulations with respect to conservation fees and royalty payments made to the royalty interest owners are clearly within long-standing custom and practice of the Kansas oil and gas industry. Thus, the district court correctly ruled that the Conservation Fee is to be imposed on all parties owning an interest in the gas so assessed. Accordingly, the district court’s order in these regards should be affirmed.” On May 20th, the Kansas Supreme Court affirmed in part and reversed in part the District Court’s decision. The Kansas Supreme Court held that helium was subject to the severance tax but the conservation fees assessed by the KCC are not postproduction costs that can be assessed to the royalty owner. Subsequently, Murfin, Inc. was sued by a royalty owner over these issues in the Carlile v. Murfin case in Seward County. The Carlile case seeks class action status to include all Kansas royalty owners and all Kansas operators. Damages are being sought for the conservation fees improperly charged to royalty owners. Conservation Fee Fund Sweep Case - The case against the State of Kansas for sweeping money from fee funds, including the KCC Conservation Fee Fund, in 2009 and 2010 continues. The court heard State arguments to dismiss the case on January 14th and made a ruling on the consideration on August 12th. The courts decision was a disappointing and convoluted and neither grants nor denies the motion to dismiss. The judge acknowledged the merits of the challenge to the fee sweeps but seems to doubt there is a remedy. Our attorney, Mike O’Neal, is discussing the case with the Kansas Attorney General office and plaintiffs will be conferencing with O’Neal probably in September. Initial thoughts are to file a Motion for Reconsideration, to Modify, Clarify, or, in the alternative, to Certify the Decision for Interlocutory Appeal. COTA Increases Marginal Well Exemption Filing Fees - The Kansas Court of Tax Appeals (COTA) announced on June 2nd that they were proposing to increase filing fees affecting a number of industries including raising the marginal well exemptions filing fee from the current $125 to $1,000. KIOGA President Edward Cross visited with the Chief Judge of COTA, Bruce Larkin, and the Governor’s Office in July expressing strong opposition to raising marginal well exemption filing fees from $125 to $1,000. Subsequently, COTA revised their proposal to increase filing fees for marginal well exemptions from $125 to $400. KIOGA filed written comments objecting to the fee increase from $125 to $400 on July 27th and appeared in opposition during the COTA public hearing on August 4th. Richard Koll and Dave Dayvault prepared the written comments and Dayvault and Cross appeared before COTA to communicate KIOGA’s opposition. COTA reported that due to budget cuts from last legislative session, they were short about $325,000. KIOGA had made an open records request to COTA on August 2nd asking for information regarding the number of oil and gas filings over the last year. COTA responded on August 3rd by saying there were 837. Dayvault emphasized in comments before COTA that increasing oil and gas filing fees from $125 to $400 would raise some $230,000 of the $325,000 shortfall and such a proposal appears to be discriminatory by imposing an unfair burden on one industry (that being the oil and gas industry). COTA heard objections from a number of other concerned groups and entities that also saw filing fees increase exponentially. COTA announced on August 24th that they approved their proposed filing fee increases including raising the marginal well exemption filing fee from $125 to $400. The new filing fee went into affect on September 16th. Kansas Mineral Severance Tax Issue - KIOGA continues to work to address the mineral severance tax issue with the Kansas Department of Revenue (KDOR). The KDOR is incorrectly interpreting long-standing tax laws. Two principal issues are involved. The first is how we measure gas that is subject to the severance tax. KDOR has taken the position that pumper production estimates should be used to determine the amount of gas that is subject to severance tax, as opposed meter readings reported by gas purchasers. The second issue is how to determine whether wells qualify as marginal wells exempt from severance tax. Instead of considering any day in which the well is open to the line a production day, KDOR is including only days when the well actually produces gas. As a result of that interpretation, wells that should qualify as marginal do not qualify in the KDOR audits. Thus the KDOR is imposing severance tax on marginal wells. The law clearly contradicts the KDOR interpretations. KIOGA’s Legislative Committee Chairman David Nickel said the law specifically says the severance tax applies only to gas that is physically transported off the lease, measured by gas meter readings, and reported to KDOR by the gas purchaser, unless the operator elects to undertake that duty. The law is also clear that as long as a well is open to the pipeline, it is having a production day. To address the KDOR’s inaccurate interpretation, KIOGA representatives have been meeting with KDOR. KDOR asked KIOGA to develop a position paper advocating KIOGA’s position on each of the issues we discussed. KIOGA Legislative Committee Chair David Nickel developed the KIOGA position paper and it was reviewed and edited by Dick Schremmer, Steve Dillard, Emma Richmond, David Bleakley, and Dwight Keen. The paper was submitted to the KDOR on August 9th. As of this writing, KIOGA has yet to receive a reply from KDOR. We are confident we will prevail on this issue because the KDOR is taking a position that is entirely inconsistent with customary audit ...continued on page 16 15 Legislative Session..continued from page 15 practices and contrary to statute. The problem is that the monetary value of the additional taxes is small relative to the time and capital it takes to challenge the audit. That is why KIOGA’s involvement is essential. We can represent the small producer. Some County Appraisers Questioning PVD Oil & Gas Appraisal Guide - Several county appraisers have been questioning the low-volume oil and gas ad valorem tax exemptions for marginal wells saying the provision had outlived its purpose. In addition, it appears the Kansas County Appraisers Association is mounting an assault on various aspects of the PVD Oil & Gas Appraisal Guide and are preparing a number of suggested changes to the Guide and asking the Guide be critiqued by an independent firm to determine if changes are needed and what areas need to be addressed. KIOGA Ad Valorem Committee Chair Richard Koll heard more about these proposals during a Guide meeting in Wichita on August 23rd. Oil and gas ad valorem taxes have increased over 179% over the past ten years, despite the low-volume exemptions. Any attacks on low-volume exemptions or other punitive measures against oil and gas ad valorem tax provisions and/or structure will be monitored closely and addressed with credible information in timely responses. Horizontal Drilling Regulatory Issues - With the continued development of the Mississippi Lime Play in south-central Kansas, concerns about permit processing have arisen. KIOGA visited with Governor Brownback about this concern on August 2nd and he asked that we meet with KCC Chairman Mark Sievers to discuss the issue. KIOGA met with Chairman Sievers on August 8th. KIOGA expressed concerns that the expected increase in the number of horizontal well permit applications could slow approvals for both horizontal and conventional vertical well permit applications. We suggested streamlining the horizontal well permitting process to mitigate the issue. KCC Oil & Gas Director Doug Louis held scoping meetings on this issue in Wichita on August 11th and September 28th. The scoping meetings are designed to explore the possibility of streamlining the horizontal well permitting process. A number of subcommittees were formed to examine various issues. The application subcommittee is chaired by the KCC, Environmental Subcommittee chaired by Jimmie Hammontree of Chesapeake, Allowables Subcommittee chaired by Linda Guthrie of SandRidge Energy, and Notice Subcommittee chaired by Brent Sonnier of Oxy. Ultimately, the Commission will make the final decision on any changes to horizontal well drilling permit applications, but this group will be a valuable resource for helping determine if changes are needed and if so whether changes should be made by a rule adoption or regulation change. 16 KCC 10-Year TA Exception - Last year, several KIOGA members voiced concerns about the complicated process the Kansas Corporation Commission (KCC) used for 10year temporary abandonment (TA) exception applications. KIOGA listened and discussed the concerns of independent oil and gas operators with the KCC in a meeting with KCC Chairman Tom Wright. Chairman Wright agreed that the process was cumbersome and indicated he would like to see the 10-year TA exception process streamlined. The KCC subsequently changed the 10-year TA exception process to make it an administrative procedure for most applications. However, this year KIOGA received a number of comments from operators who reported the new procedures remain very complicated and onerous. KIOGA continues efforts to find a workable solution for a 10-year TA exception that protects fresh and usable water, prevents waste, and protects correlative rights without being overly burdensome on operators. KIOGA Legislative Committee Chair David Nickel and KIOGA President Edward Cross met with KCC Commissioner Tom Wright in Topeka on May 24th to discuss the continued problems many operators were having with the KCC 10-year TA exception application process. Commissioner Wright was very open and willing to listen and promised to work to help address our concerns. On June 17th, we received a draft of a new simplified application for 10-year TA exception. Upon review of the draft, we still found the application to have costly procedural complications, namely the notice requirements. KIOGA President Edward Cross met with KCC Chairman Mark Sievers on August 8th to discuss industry’s concerns and offered a proposal developed by David Nickel. Cross suggested the notice requirement be eliminated and the TA form be modified to allow extended TA status without going through the application process. The proposal suggested the TA form be modified to include a check box if the well is being TA’d beyond the tenth year. KCC staff could review the reason stated on the TA form and if it did not appear to be reasonable, they could schedule an informal meeting with the operator to listen and discuss any concerns. If KCC staff still were not convinced of the need to continue the TA status, then the matter could be set for a hearing. Chairman Sievers seemed open to the idea and asked that such a proposal be presented to Doug Louis, KCC Oil & Gas Conservation Division Director, which Cross did on August 8th. Louis said he would explore any regulatory procedural and/or political challenges to such a change and get back with KIOGA. Wind Development Issues - BP Wind Energy and Westar initiated action to develop their Flat Ridge II Wind Farm Project in Harper and Kingman Counties, Kansas. The project covers 66,000 contiguous acres and is in large part situated directly over the Spivey-Grabs Oil & Gas Field. The project could have significant negative impact on day to day operations of existing oil and gas properties and development of oil and gas assets in the field. KIOGA sent out a “KIOGA Producer Alert” on July 21st that better described the potential impacts of the project. Pickrell Drilling, Mull Drilling, and McCoy Petroleum met with BP Wind Energy on July 27th. BP appeared to be very ...continued on page 17 Legislative Session..continued from page 16 understanding of oil and gas operator needs and concerns and seemed to be much more flexible than anticipated in how they could work with operators. BP will be exchanging a draft accommodation agreement with all three operators and will meet with other operators to do the same. The agreement is expected to provide accommodation of the present and future operations around turbines and overhead collection lines. BP also indicated they would improve and help maintain lease roads on which they commonly use for turbine and oil and gas lease access. Operators are working with them to locate and map lease lead lines. Budget Issues Leading up to 2012 Session - Governor Brownback has stressed that federal budget cuts are on the way and will reduce federal dollars flowing into state agencies and programs. Shrinking federal aid will force Kansas to either cut programs or come up with its own money for those programs and is one of the primary drivers for Brownback’s strong efforts to cut state spending. Brownback has made some broad comments about reducing income taxes and finding a balance between individual income taxes and corporate taxes. Brownback is expected to provide more details about his tax proposals in October. KIOGA will be watching and reviewing those proposals very carefully. CONTRACT DRILLING OILFIELD HAULING 9 RIGS SERVING KANSAS 100 South Main Street Suite 410 Wichita, Kansas 67202 316-267-1331 5539 2ND Street P.O. Box 823 Great Bend, Kansas 67530 620-793-8366 DUKE DRILLING CO., INC. Proven Technology Practical Solutions Field Expertise delivering top quality pressure pumping products & services www.basicenergyservices.com Pratt, KS Liberal, KS Cushing,OK Pawhuska, OK Ada, OK Gainesville, TX Cisco, TX Jacksboro, TX Albany, TX Graham, TX Electra, TX Longview, TX Eldorado, AK Wichita, KS Sales (316) 262-3699 Midland, TX Corporate Office ((432) 620-5500 17 18 K A N S A S O I L & N A T U R A L G A S Kansas oil and natural gas producers are united in vision and purpose, using the resources under our feet to power our state and move America toward energy independence. We honor the confidence our fellow Kansans put in us through good stewardship of the environment and our state’s abundant energy. P R O D U C E R S 2nd highest gross state product contributor 27 30 $422 $ . billion annually in family income thousand jobs supported statewide Daily, we’re fulfilling our pledge to keep Kansas strong. million in state funding building schools and roads KansasStrong.com 19 Member News KIOGA Convention pictures can be found at: www.collages.net KIOGA 2011 - 18832 KIOGA Team Jerseys Available now KIOGA 75 is on the back. These will make great Christmas presents. Call for more information. 316-263-7297 KIOGA @swbell.net 2012 Desk and Derrick Board Brandi Biggs, KIOGA - Secretary Kelly Rains, KIOGA - Director Mary Combs, Grand Mesa - President Charlene Fortner, NCRA - Vice President Peggy Cleaton, Mull Drilling - Past President Phyllis Brewer, Grand Mesa - Treasurer Gun Raffel for Desk and Derrick The Wichita Desk and Derrick Club will be having a drawing at the Supplier’s Party in December held at the Petroleum Club for your choice of two shotguns. Tickets will be $10.00 each and you can get more information and tickets by emailing Mary Combs at [email protected] or calling 316-265-3000. Tickets can be purchased by anyone, even those who do not live in Wichita, and the gun can be shipped anywhere in the United States where there is a gun dealer close by. One of these guns would make a great Christmas gift so contact Mary Combs today for tickets!!! 20 If you have pictures or news articles from past KIOGA events, we would love to have a copy for our 75th convention next summer. Mitch Driscoll - Southwind Drilling, Inc. - Ellinwood, KS Terry Monroe - New Spirit, Inc. - Effingham, IL Rebecca Passion - Mai Oil Operations, Inc. - Dallas, TX Amy Fellows Cline - Triplett, Woolf & Garretson, LLC - Wichita, KS Charles Brewer - Geotechnical Services, Inc. - Wichita, KS Bill Crimmins - Champion Technologies - Tulsa, OK Robert L. Patton - Lipizzan Petroleum - Wichita, KS David Hodges - Superior Pipeline Company - Tulsa, OK Chuck Hallbert - BlueRock Energy Capital - Houston, TX Jason Hulsey - Excel Stimulation - Cleo Springs, OK Tony L. Atterbury - Depew Gillen Rathbun & McInteer, LC -Wichita, KS Robert Kramer - Empire Energy E&P, LLC - Wichita, KS Bruce Workman - BW Oil, LLC - Hamel, MN Core Minerals Operating Co., Inc. - Evansville, IN 47708 Becky Johnson - M A E Resources, Inc. - Parker, KS Leon C. Smitherman, Jr. - 14431 Tipperary Circle - Andover, KS Erik Bartsch - Shell - Houston, TX Gerald A. Achatz - Samuel Gary Jr. & Associates, Inc. - Great Bend, KS Kevin Strube - Samuel Gary Jr. & Associates, Inc. - Great Bend, KS Kurt Strube - Samuel Gary Jr. & Associates, Inc. - Great Bend, KS John Hummel - M&M Pump & Supply - Olivette, MO 63132 Member Deaths Ralph Hamilton - Duke Drilling Co., Inc. Dixie Sebits - Pickrell Drilling Co., Inc. 21 Hydraulic Fracturing Debate Comes to Kansas Air Emissions and SPCC Issues Also Federal Regulatory Concerns E nvironmental activists continue their efforts to establish barriers to responsible oil and natural gas development by proposing a host of new regulatory burdens and procedures that could discourage exploration, slow production, reduce oil and natural gas supplies, raise energy costs, and erode high-paying jobs. Unable to get environmental and regulatory initiatives passed through Congress, President Obama continues to take a stronger role on the regulatory front to push environmental proposals. The scale of the EPA’s activity is unprecedented. Since President Obama took office, the EPA has proposed or finalized 29 major regulations and 172 major policy rules. Hydraulic Fracturing The hydraulic fracturing (HF) debate continues to rage across the country and is now starting to rear its head in Kansas. The Topeka Capital-Journal ran a frontpage story about HF on September 6th and the Kansas Legislature held an interim hearing on HF on September 9th. A number of key developments on HF have recently emerged. 22 “Drilling Down” Series in New York Times - Beginning last February, the New York Times began a series titled “Drilling Down” which attacked American natural gas producers. Many of the facts in the series were misrepresented or simply untrue. The series claimed the natural gas industry is exempt from major environmental regulations (which we all know is not true), and asserted that producers release high levels of radioactive materials into public waterways, which later make its way into drinking water. The series was extremely misleading as our industry is committed to providing the best environmental protection for the communities where we work and live. The series also implied that the natural gas industry had an extraordinary level of influence over federal agencies such as the EPA, which we all know is simply not true. The “Drilling Down” series is yet another attempt by those who use scare tactics and fear to further their anti-fossil fuel agendas. The New York Times continued the series in June and August by attacking hydraulic fracturing using the misinformation disseminated by environmental groups like the Natural Resource Defense Council (NRDC) and the Environmental Working Group (EWG), both wellknown opponents of oil and natural gas. On August 3rd, the Times blamed hydraulic fracturing for contributing to the contamination of a single water well nearly 30 years ago in West Virginia. Lee Fuller of the Independent Petroleum Association of America (IPAA), responded to the Times piece by stating: “We’re talking about a technology that’s been deployed more than 1.2 million times in more than 25 states over the course of more than 60 years. Three decades later, the technology today is better than it’s ever been, the regulations are broader and more stringent, and the imperative of getting this right, so that we can take full advantage of the historic opportunities made possible by shale, has never been more apparent. Despite the Times’ best efforts, this story does not prove that hydraulic fracturing had anything to do with the contamination of a water well 30 years ago.” FracFocus - Environmental activists continue to generate unreasonable anxiety around the country over chemicals used in the hydraulic fracturing process. Despite a clear and compelling history that state regulation of the environmental risks of HF protects drinking water supplies, environmental group’s unyielding accusations create demands for more information on chemicals. Potential federal legislation described as the “FRAC Act” would put the EPA in the position to initiate a federal reporting requirement for every state permitted well. Responding to the concerns and politics, the Ground Water Protection Council (GWPC) and Interstate Oil & Gas Compact Commission (IOGCC) have developed a web-based database that allows companies to voluntarily disclose chemical constituents in frac fluids. The webbased national registry is known as FracFocus (www. fracfocus.org). KIOGA supports FracFocus and believes it can be a significant factor in refuting the arguments that a federal reporting program is needed. Currently, the registry is voluntary, although several states are moving to make FracFocus mandatory reporting. However, in those states where reporting remains voluntary, wide spread participation is critical to push back on environmentalist claims that nothing short of mandated federal regulation will get industry to the table. KIOGA strongly encourages all producers that hydraulically fracture wells to register and submit their information. KIOGA arranged a webinar on September 22nd where a number of Kansas producers learned more about the program and how to submit information. If you would like to learn more, visit www. fracfocus.org. Hydraulic Fracturing E-Reference - The IOGCC announced last June their new project to develop a website that allows viewers to collect state-specific oil and gas regulations associated with HF. The developing website will allow the user the ability to cross-reference state statutes and rules that regulate HF and generate a PDF report. The E-Reference website along with FracFocus will provide more transparency in the disclosure of frac fluid components. STRONGER Review of Hydraulic Fracturing Regulations - The IOGCC established a state review process in the 1990’s and management of the process was shifted to a non-profit corporation known as the State Review of Oil & Natural Gas Environmental Regulations (STRONGER). Since 1999, STRONGER has been active in reviewing state regulations on oil and natural gas and ...continued on page 23 Hydraulic Fracturing...continued from page 22 reporting on the progress of state regulation. STRONGER has reviewed 21 state regulatory programs, including Kansas, accounting for over 90% of the national oil and natural gas production. STRONGER recently unveiled HF guidelines for state regulatory programs. The guidelines are not prescriptive regulatory standards, but an outline of key elements for effective state HF regulation. Pennsylvania, Ohio, Louisiana, and Oklahoma have recently had a STRONGER review of their HF regulations. Paradigm Shift - With growing number of STRONGER review of state HF regulations along with the development of FracFocus, E-Reference, and a number of state level efforts on frac fluid disclosure underway, environmental groups are seeing their ability to scare the public and generate fund raising erode. Environmental groups attempts to criticize the state regulatory process is illustrative of the shallow and wholly flawed approach they use to link unrelated incidents in an innuendo filled collection of unfounded allegations. Several environmental groups (73 total) sent a letter to President Obama on August 8th asking Obama to put a moratorium on HF nationwide until a complete study of the impacts of HF was completed. KIOGA joined 61 other oil and gas groups and other concerned citizens in letter exposing the flawed assertions environmental groups stated and provided the results of an IHS study showing that placing a national moratorium on HF would result in 2.9 million jobs lost. The letter was sent to the President in early September. DOE Report on HF - Earlier this year, President Obama formed a DOE panel to study the risks of ground water pollution from HF and asked that they produce a report in 90 days. The DOE released their report on August 11th. The report called for transparency and education of the public and stated that state and federal regulatory processes effectively protected the public. SEC Wants Companies to Disclose Compounds in HF Fluid - The Securities Exchange Commission is asking oil and gas companies to provide detailed information including chemicals used in HF fluids. The SEC move shows the broad interest among Washington regulators in looking at HF and suggests companies will increasingly need to weigh disclosing techniques. Interim Hearing on Hydraulic Fracturing - The Kansas Joint Committee on Energy & Environmental Policy held a hearing on September 9th in Topeka to discuss hydraulic fracturing. KIOGA President Edward Cross and Kansas Corporation Commission (KCC) Oil & Gas Conservation Division Director Doug Louis testified at the hearing explaining the HF process and describing how the HF process was regulated by the KCC. Air Emissions In an effort to settle a lawsuit with environmental groups in 2009, the EPA agreed to review and revise air emission standards for oil and gas operations. On August 23rd, the EPA published the proposed air regulation rule for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants. Comments on the proposed rule are due October 24, 2011. The EPA held public hearings for the oil and gas sector rules on September 27th in Pittsburgh, PA, September 28th in Denver, CO, and September 29th in Arlington, TX. A number of industry folks voiced their concerns at the public hearings citing how the proposed regulations would place heavy burdens on the industry and eliminate oil and gas jobs. IPAA is petitioning the EPA for 60 more days to review and comment on the proposals. As the EPA’s screws tighten on air emission regulations, the costs will be passed along to consumers, with the same damage as a tax increase but none of the revenues. The EPA is quick to count almost anything as a benefit of their regulatory schemes, but ignore costs such as jobs lost, competitiveness of U.S. industries, and energy reliability. Eventually, the EPA plan will appreciably lower the U.S. standard of living. President Obama released a plan on August 23rd for ending or cutting back some regulations. President Obama appears to have finally recognized the job-killing potential of undue EPA regulations as the President stopped the EPA from continuing with their plan to tighten ozone regulations. The Administration estimates the changes will save businesses $2 billion per year. However, an SBA commissioned study indicates regulations costs businesses $1.75 trillion per year. A number of Congressional Members applauded the action and urged the President to continue down the road of lifting excessive burdens so the economy can grow. House Speaker Boehner said the Obama Administration is hampering the economy with undue regulatory burdens and asked President Obama on August 26th to provide Congress a list of all newly proposed regulations with a projected economic impact of at least $1 billion. The House is considering legislation that would require congressional review and approval of any proposed federal regulation determined to have a significant impact on the economy. Kansas Attorney General Derek Schmidt Files Amicus Brief - Kansas Attorney General Derek Schmidt filed an amicus brief in June on the role of EPA in greenhouse gas regulation. Schmidt asked the EPA to reconsider their endangerment ruling due to unreliable science. ...continued on page 24 23 Hydraulic Fracturing. .continued from page23 SPCC Regulations Effective November 10, 2011 The EPA issued regulations in late 2010 for typical oil and natural gas facilities that are effective November 10, 2011. The IPAA developed a toolkit that summarizes the current rule and provides information specific to oil and natural gas production. The toolkit can be found on KIOGA’s website at www.kioga.org. KIOGA’s Actions KIOGA remains fully engaged in federal advocacy on all regulatory issues impacting the independent oil and gas producer. KIOGA submitted comments to the EPA explaining why onshore oil and natural gas facilities should not be aggregated for air emissions standards. We visited 26 key congressional members in March 2011 underscoring that definitive court rulings on the EPA’s endangerment finding have not been made yet and the EPA’s flawed interpretation of the Clean Air Act was creating a regulatory crisis. We have visited 22 U.S. Senators and 32 U.S. Representatives this year expressing that the states have regulated HF effectively for decades through laws and regulations related to well design, location, spacing, operation, abandonment as well as environmental activities and discharges including water management and disposal, waste management and disposal, air emissions, underground injection, surface disturbance, and worker health and safety. We emphasized that all laws, regulations, and permits that apply to oil and natural gas exploration and production activities also apply to HF. In addition, we also informed the Congressional members of the ongoing GWPC/IOGCC effort to develop a web-based database (FracFocus) that would allow companies to voluntarily disclose chemical constituents in frac fluids. We urged that any congressional action keep the regulation of HF with the states and away from the EPA. When asked by Senator Udall (D-CO) why we did not want EPA involved in the regulation of HF, KIOGA President Edward Cross said “The EPA has shown a propensity not to follow sound science, but appear to be MELLAND ENGINEERING, INC. Petroleum Engineering and Geological Consulting Drilling/Workovers Property Evaluations Thermal Recovery Field Studies Reserve Estimates Property Tax Issues James E. Melland, P.E. P.G. Office (620)-241-4621 Fax (620)-241-2621 Cell (620)-755-4862 24 110 E. Elizabeth Suite 2 McPherson, KS 67460 [email protected] www.mellandengineering.com more politically motivated.” Cross delivered a presentation on HF regulatory and policy considerations at the TORP Hydraulic Fracturing Workshop in Wichita last June, the Kansas Joint Committee on Energy & Environmental Policy in Topeka on September 9th, and will be making a presentation at the KBA/KIOGA Oil & Gas Conference in Wichita on October 21st. Over the past 2 ½ years, KIOGA has been educating Congressional members on the hydraulic fracturing process. We illustrate how industry is striving to address the real concerns of the public while providing the energy America needs, which is contrary to the extreme environmental agenda of President Obama and environmental activists who are not as much concerned about environmental protection or energy security as they are about getting rid of fossil fuel production. Our efforts were key in helping stave off attempts earlier this year by Representative DeGette (D-CO) and Senators Casey (D-PA) and Schumer (D-NY) to amend the Safe Drinking Water Act (SDWA) to empower the EPA with authority to pre-empt states in regulating hydraulic fracturing under the SDWA. We are making a difference. Senator Udall (DCO) was quoted in an August 10th newspaper in Colorado that HF was a “safe technology”. KIOGA will remain fully engaged in federal advocacy on hydraulic fracturing, air emissions, and other regulatory issues. 25 Chairmans Letter. .continued from page2 Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies. – Groucho Marx Beyond any doubt, with these and other challenges, our plate is full. However, our resolve is firm. We will diligently confront each challenge head on. Needless to say, we all want safe working conditions and clean water and clean air. To me, the real question becomes how to achieve these goals. I believe that regulation is likely to lead to over-regulation with detrimental economic consequences: • If there is no compelling fact-based demonstration of the need for regulation; or If the perceived public benefits of regulation are not balanced with the real costs of compliance or with the potential costs to the overall economy; or • If regulated industries are denied meaningful and timely access to a rule- making process that is deliberative and unbiased. • Notwithstanding formidable headwinds, I believe that the future of our industry is very bright. For KIOGA, the real source of our strength in responding to challenges is no great secret – it is a combination of several key factors. An important factor critical to our success is the continuing stewardship and dedicated volunteer efforts of our members who consistently have been willing to unselfishly give of their time and effort to serve and to aid us in pursuing our common goals. Of very special significance and importance to KIOGA is the professional, knowledgeable and steadfast leadership of our President Ed Cross. In addition, we benefit from the leadership and guidance of our excellent committee chairmen and from our superb administrative support capabilities as overseen by Kelly Rains. To maximize industry effectiveness, KIOGA ‘s efforts will continue to be coordinated with similar efforts by our fellow industry association partners – most prominently including the Independent Petroleum Association of America (IPAA), the Domestic Energy Producers Alliance and the National Stripper Well Association . We will also coordinate our efforts with the Kansas Oil and Gas Resources Fund and the Eastern Kansas Oil & Gas Association. In particular, we also owe a very special recognition and debt of gratitude to KIOGA’s financial enablers, our industry sponsors whose generous support provides for the success of major KIOGA events, including our annual and mid-year meetings. The foundation from which our industry proceeds and grows is strong: • The commodities we produce are of such strategic significance that they underpin our national security; 26 • The commodities we produce provide our state and nation with the most reliable, affordable and cost efficient energy sources available today and for the foreseeable future; • And, perhaps most importantly, from the very beginnings of our industry with the first commercial oil discovery at the Drake Well in Titusville, PA in 1859 and throughout the ensuing 152 years, the commodities we produce, and the products derived from those commodities, have contributed to the economic viability of the United States and have played a significant role in delivering to our nation the highest standard of living in the world. As a barometer of national competitiveness worldwide, there is an undeniable correlation between fossil fuel usage and any nation’s standard of living. For industry detractors who oppose the use of fossil fuels to advance our standard of living, these are pesky facts – facts that they would prefer to overlook, ignore or distort. As the nation has witnessed business cycles from boom to depression, our industry has demonstrated resilience and renewal throughout its remarkable history. From our industry’s beginnings in Kansas with the completion of the Norman #1 well at Neodesha in 1892 (12 bbls/day); to three wells that became the major pioneering wells of the El Dorado field -- the Stapleton #1 (400 bbls/ day in 1915), the Trapshooter #3 (20,000 bbs/day in 1917) and the Shumway #5 (19,200 bbls/day in 1917 and flowing 2.5 million barrels in its first 222 days); and from these great wells to the pioneering well in Western Kansas -- the Carrie Oswald #1 near Russell (200 bbls/ day in 1923); and then from this well, to the development of the great gas fields overlaying the Hugoton embayment in Southwest Kansas; to the horizontal drilling efforts today in Central Kansas and along our southern tier of counties, from Comanche east to Cowley; and, to the extensive development of coal and shale gas throughout Eastern Kansas ----from all of these beginnings and renewals, the Kansas oil and gas industry has transformed the Kansas economy and will remain a major component of any solution to the state and the nation’s energy needs. As one of the state’s largest industries, we are a major contributor to the state’s economic well-being through job creation, through participation in the economic growth of our communities throughout the state, and through our substantial contributions to the tax base of the state, the counties and the local units of government. When considered collectively, these accomplishments represent an amazing showing for an industry whose results and achievements have always been powered and nurtured by a spirit of entrepreneurial ...continued on page 27 Chairmans Letter .continued from page26 risk taking. For the independent industry, entrepreneurship is the embodiment of who we are and what we are about; it defines our way of life. Certainly that entrepreneurial spirit remains undaunted as we continue to push new technological frontiers to produce more energy for our nation. With this past as our prologue, our future should be very bright indeed – and Kansas strong. The accomplishments of our great industry provide a track record for us to extol and to celebrate, a track record for us to unabashedly defend and a track record for us to continue to build upon and to enhance in the years ahead. In the months ahead, I look forward to the opportunity of working with all of you in protecting and advancing our industry. Your Chairman, Dwight D. Keen “Selling Oil & Gas Production at Auction Since 1975” Regularly scheduled bi-monthly auctions December 1, 2011 316-683-7733 www.EvensonAuctions.com 260 N. Rock Road, Suite 140 – Wichita, Kansas 67206 27 Energy Tax Policy N A complex Issue ational energy policy is a complex issue. Opponents of American energy development have been conducting information campaigns that confuse the public and policymakers. In addition, the media appears to have difficulty covering energy policy issues in any detailed way. Contributing to this dilemma is the tendency of some elected officials to appeal to the public’s concern about rising gasoline prices in ways that can be factually misleading. To complicate matters further, it is not always easy to determine whether elected officials promoting a particular solution are doing this intentionally or out of incomplete information. The Obama Administration has been trying to eliminate oil and gas tax provisions ever since they took office in 2009. The President has specifically targeted a series of tax provisions that are critical to small domestic independent oil and gas producers. President Obama has justified ending these tax provisions on the basis that the big five major oil companies have record profits and don’t need these tax provisions. This theme has been echoed by some Democrats in the House and Senate who are clearly worried about their own re-election prospects confronting a public upset about high gasoline prices. However, here is where the facts get in the way. The big five major oil companies do most of their drilling outside the U.S. The Independent Petroleum Association of America (IPAA) estimates that 94% of the new wells in the U.S. are drilled by domestic independent KIOGA 2011 halfpg adCLRFol.pdf 1 8/22/11 4:15 PM C M Y CM MY CY CMY K 28 producers and that 67% of the oil and natural gas produced in the U.S. each year come from these wells. The tax provisions targeted by the President are only available on wells drilled in the U.S. and not available at all for wells drilled elsewhere. Thus, the tax provisions are used primarily by small domestic independent oil and gas producers and are of limited value to the major oil companies which the President says he is targeting. IPAA estimates that, if the President is successful in eliminating these tax provisions, the number of wells drilled in the U.S. will be reduced by at least 30%. But, it gets even more interesting. Percentage depletion (one of the major tax provisions cited by the President) was repealed for the major oil companies in 1975 - some 36 years ago. And the deduction for intangible drilling costs, which also is only available on domestic production, is utilized by small independent oil and gas producers two-thirds of the time and only one-third by major oil companies. And when it is taken by major oil companies, these firms take it on a reduced basis. All this means that some Democrats railing against major oil company profits are not always pursuing policies that harm just major oil companies. It would be nice if everyone were using facts and working off the same script. This opinion editorial was written by Edward Cross, KIOGA President, and appeared in newspapers and media across Kansas and the nation in September. 74th KIOGA Annual Meeting Elects Dwight Keen D 2011-2013 KIOGA Chairman wight Keen, President of Keen Oil Company in Winfield was elected the 2011-2013 KIOGA Chairman at the KIOGA board meeting held during the KIOGA Annual Convention on August 21st. Keen is a U.S. Army Vietnam Veteran and has been in the oil and gas business since 1975. He has practiced security law and is an adjunct professor of business at Friends University in Wichita teaching 5 graduate level courses in business. He is a former Kansas Securities Commissioner, former member of the Kansas Board of Tax Appeals, and served on the Kansas Commission on Veterans Affairs. Keen brings a unique set of skills and leadership at a time when the challenges facing the oil and gas industry are equally unique. Keen replaces outgoing Chairman Dick Schremmer of Haysville, who completed his two-year term at KIOGA’s Annual Convention in Wichita on August 23rd. Twenty-nine of the 68 Directors were elected to fill the vacancies from expired terms on the KIOGA Board of Directors. The following 29 Directors will join the remaining 39 Directors on the KIOGA Board: • • • • • • • • • • • • • • • • • • • • • • A, Scott Ritchie, III, Ritchie Exploration, Inc. Wichita, KS Adam E. Beren, Berexco, Inc, Wichita, KS Alan R. Hoffman, Kansas Natural Gas, Inc., Hays, KS Brock R. McPherson, McPherson & McVey Law Offices, Great Bend, KS Charlie Wilson, Berexco, Inc., Wichita, KS Dan Klaus, Basic Energy Services, LP, Wichita, KS Darrell Walters, Berentz Drilling Company, Inc., Wichita, KS David T. Jervis, Range Oil Company, Inc., Wichita, KS Earl M. Knighton, Jr., Knighton Oil Company, Inc., Wichita, KS Ed Nemnich, K&N Petroleum, Inc., Ellinwood, KS Eugene A. Reif, Pickrell Drilling Company, Inc., Wichita, KS I. Wayne Woolsey, Woolsey Energy Corporation, Wichita, KS J.M. Vess, Vess Oil Company, Wichita, KS Jeff Kennedy, Martin Pringle Oliver Wallace & Bauer LLP, Wichita, KS Jennifer Mull, Mull Drilling Co., Inc., Wichita, KS Kent A. Deutsch, Deutsch Oil Company, Wichita, KS Kevin McCoy, McCoy Petroleum Corp., Wichita, KS Klee R. Watchous, Palomino Petroleum, Inc., Newton, KS Kurt R. Mai, Mai Oil Operations, Inc., Dallas, TX Margery Nagel, F.G. Holl Company, LLC, Wichita, KS Mark Evenson, Evenson Auctioneers, Inc., Wichita, KS Ralph R. Hamilton, Duke Drilling Co., Inc., Wichita, KS • • • • • • • Richard A. Hiebsch, Vincent Oil Corporation, Wichita, KS Rick Stinson, Lario Oil & Gas Company, Wichita, KS Ronald L. Cook, Sullivan & Cook Petroleum Consultants, Overland Park, KS Ronald Sinclair, Grand Mesa Operating Company, Wichita, KS Shawn P. Devlin, Viking Resources, Inc., Wichita, KS Thomas D. White, White & Ellis Drilling, Inc., Wichita, KS Wm. S. Raymond, Raymond Oil Company, Inc., Wichita, KS The Directors unanimously elected the following officers: • • • • • Chairman – Dwight Keen, Keen Oil Company, Winfield, KS Southwest Vice Chairman – Kenneth S. White, White Exploration, Inc., Wichita, KS Northeast Vice Chairman – Nick Powell, Colt Energy, Inc., Fairway, KS South Central Vice Chairman – Alan Banta, Trans Pacific Oil Corporation, Wichita, KS Treasurer – Scott Frazier, Woolsey Operating Company, LLC, Wichita, KS The following Advisory Board Members were also elected: • • • • Carl W. Sebits, Pickrell Drilling Co., Inc., Wichita, KS Thornton E. Anderson, Anderson Energy, Inc., Wichita, KS James W. Rockhold, Rockhold Engineering, Inc., Great Bend, KS Lee Banks, Banks Oil Company, Wichita, KS 29 Thank you For your support and participation in the 74th Annual 2011 KIOGA Convention Wildcatter Sponsor Palomino Petroleum, Inc. Black Gold Sponsor IMA of Kansas, Inc. Gold Sponsors Basic Energy Services Consolidated Oil Well Services, LLC DCP Midstream LP Jayhawk Oilfield Supply, Inc. Kimray, Inc. Polymer Services, LLC Presley Petroleum Company, LLC Silver Sponsors American Energies Corporation Baker Hughes Chesapeake Energy Corporation Coffeyville Resources Refining & Marketing D.S. & W. Well Servicing, Inc. Lockhart Geophysical Company LUMEN Midstream Partnership, LLC Maclaskey Oilfield Services, Inc. Mai Oil Operations, Inc. Mull Drilling Company, Inc. Murfin Drilling Co., Inc. NCRA Plains Marketing, LP Pratt Well Service, Inc. Raymond Oil Co., Inc. Sunrise Oilfield Supply, Inc. Swift Services, Inc. The Buckeye Corporation Tim Miller Oilfield Sales Trilobite Testing, Inc. 30 Gore Oil Company Gressel Oil Field Service & Copeland Acid H&B Petroleum Corporation High Sierra Crude Oil & Marketing, LLC Hinkle Law Firm, LLC INTRUST Bank J&D Pump and Supply, LLC John O. Farmer, Inc. K & N Petroleum, Inc. KBK Industries, LLC Knighton Oil Company, Inc. LOG-TECH McCoy Petroleum Corporation McDonald Tank & Equipment Company, Inc. Midwestern Pipeworks, Inc. MTM Petroleum Mud-Co./ Service Mud Inc. MV Purchasing, LLC ONEOK Partners Pacer Energy Marketing, LLC Paragon Geophysical Services, Inc. Pickrell Drilling Company, Inc. Ritchie Exploration, Inc. Scheck Oil Operations Southwind Drilling, Inc. Stelbar Oil Corp., Inc. TGT Petroleum Corporation Tidelands Geophysical Co., Inc. Trans Pacific Oil Corporation VAL Energy, Inc. Wellkeeper, Inc. Woolsey Operating Company, LLC General Sponsors Albert Hogoboom Oilfield Trucking, Inc. Anderson Energy, Inc. Andy’s Mud & Chemical Company Bachman Production Specialties, Inc. Bank of Oklahoma Banks Oil Company Bronze Sponsors Buffalo Creek Oil & Gas, LLC. Butterfly Supply/ Great Plains Inspection Abercrombie Energy, LLC Cathodic Systems Co., LLC American Eagle Drilling, LLC Central Power Systems & Services American Energies Pipeline, LLC DaMar Resources, Inc. American Warrior, Inc. Deutsch Oil Co. Apollo Energies Inc. Dick’s Engine & Machine Service, Inc. BEREDCO Express Well Service & Supply, Inc. Berentz Drilling Co., Inc. F.G. Holl Company, LLC BP America Geo R. Shaw Living Trust Champion Technologies, Inc. Gore Nitrogen Pumping Service, LLC Claflin Pump & Supply, Inc. Grand Mesa Operating Company Colt Energy, Inc. Hi-La Engine Pump & Supply, Inc. Commerce Bank Insurance Planning, Inc. Corrosion DC, Inc./Francis Casing Crews, Insurance Specialists Group, LLC Inc. J. Fred Hambright, Inc. Crawford Supply Co., Inc. Jones Gas Corporation Daystar Petroleum, Inc. Kansas Acid, Inc. Discovery Drilling Co., Inc. Domestic Energy Producers Alliance (DEPA) Lario Oil & Gas Company Log Tech of Kansas, Inc. Duke Drilling Co., Inc. Lotus Operating Co., LLC Edmiston Oil Co., Inc. Lowry Exploration, Inc. Evenson Auctioneers, Inc. Martin, Pringle, Oliver, Wallace & Bauer, LLP F&M Bank & Trust Co. Midcon Oil Tools, Inc. Mohican Petroleum, Inc. Morris, Laing, Evans, Brock & Kennedy, Chtd. National Oilwell Varco Norris Sucker Rods Novy Oil & Gas, Inc. Orecat Energy, Inc. Orvie Howell Parrish Oil Company, LC Petroleum Consultants/ Sullivan & Cook Petroleum Management, Inc. R&R Exploration Fund, LLC Range Oil Company, Inc. Roberts Resources S.R. Weilert Oil, LLC Shields Oil Producers Inc. & Shields Drilling Co., Inc. Superior Well Services Sweetman Investments, LLC T&C Consulting Territorial Magazine The Trees Oil Co. Tomcat Drilling TRC Rod Services of Oklahoma, Inc. True Grit Energy, Inc. Venture Resources, Inc. Vincent Oil Corporation Wallace Energy, Inc. White Exploration, Inc. Trade Show Allied Cementing Co., Inc. Arrow Engine Company Baker Hughes Basic Energy Services Caseco Truck Body Central Power Systems & Services Century Graphics & Sign, Inc. CeRam-Kote Coatings Incorporated Consolidated Oil Well Services, LLC DanCo Systems, Inc. E.B. Archbald & Assoc./ SSI EOGA Foley Equipment Co. Hampel Oil Distributors I.H.S. IACX Energy, LLC IMA of Kansas, Inc. JB Ranch Kansas, LLC John Crane Production Solutions Kansas Geological Society Kansas Geological Survey Kansas Strong Kimray, Inc. Koger Remote Sensing Lubrication Engineers Inc. LUMEN Midstream Partnership, LLC Manatron ONEOK Partners Polymer Services, LLC Pratt Well Service, Inc. Pictures www.collages.net KIOGA 2011 - 18832 Reichlinger Business Services Sco-Jo Land & Environmental, Inc. Seal Tite Lining System Straub International Terracon Consultants, Inc. Tertiary Oil Recovery Project (TORP) Tidelands Geophysical Weld-Tech Wellhead Systems, Inc. Hospitality Rooms Allied Cementing Company American Energies Inc./ Terratech Global Artificial Lift Hess Services, Inc. INA Alerts Maclaskey Oilfield Services, Inc. PetroPower Production Enhancements Systems Tim Miller Oilfield Sales Tucker Energy Services Wellkeeper 31 Communication Priorities Key in Today’s Environment A KIOGA Stays Focused on Energy Security Message confluence of events from the European debt crisis, the slowing growth of emerging markets, and the tenuous fiscal situation in the U.S. are driving economic and political uncertainty. Wall Street is selling, K Street is preparing for fundamental policy changes, and Main Street is worrying about jobs. Communication is critical for maintaining the oil and gas industry’s credibility with policymakers and the public and ultimately in protecting our industry. Communication Priorities As the oil and gas industry continues to face enormous challenges of providing adequate and reliable energy supplies in the years ahead, an informed public has never been more necessary. In light of current economic and political uncertainty, KIOGA is currently focused on three communication priorities. 32 1. Educating policymakers and public on critical energy taxes and regulatory issues. The Super Committee mandate to produce $1.5 trillion in budget savings means that KIOGA is continuing our aggressive efforts to tell our story about the jobs our industry supports. KIOGA has a strategy for protecting critical oil and gas tax provisions and will continue to explain to policymakers and the public the detrimental impact that repealing these provisions would have on American energy security and economic recovery. KIOGA has established a strong voice with federal and state lawmakers and the media and have kept misguided legislation from advancing further. 2. Developing good media relations. KIOGA has taken on a number of communication and advocacy initiatives to educate lawmakers, consumers, media, and school children about the importance of American oil and natural gas production and why it is so critical to the future of our economy and energy security. KIOGA’s employs a 5-point strategy for developing media relations and improving the industry’s image and credibility: • We provide sincere, honest, and frequent communication with media. KIOGA continues to grow as a source for the media. In addition, we continue developing and distributing timely opinion editorials, letter to editors, press releases, and visiting editorial boards and reporters. • We put a face on the industry. Several KIOGA members have been interviewed by news outlets across Kansas. Dwight Keen, Wayne Woolsey, Dick Schremmer, Alan Banta, Jon Callen, Dave Dayvault, and Jeff Kennedy are a few KIOGA members who have provided outstanding interviews on a number of energy topics to media across Kansas this Fall. • We explain oil and gas industry values and educate about the integrity of our industry. KIOGA on-air awareness messages are broadcast on 58 radio stations across Kansas providing important information about the oil and gas industry to folks in every Kansas county. • We provide industry information. KIOGA provides credible information to media about oil and gas economic and environmental issues including fact sheets, data and statistics, economic impact studies, and issue briefs. • We establish a long-term commitment. KIOGA media relations efforts foster a better public understanding of energy issues. We will continue to advance messages and materials that redefine the energy debate and inspire outside groups and everyday Americans to stand up on our behalf. 3. Keeping KIOGA members informed. Independent oil and gas producers across Kansas are nervous about the implications of the current turmoil on their companies. Employees of these producers too are concerned about their jobs. KIOGA will continue our frequent communication efforts with members through KIOGA Newsletters, KIOGA President Reports, KIOGA Express, Federal & State Legislative Reports, Educational brochures, and the KIOGA website (www.kioga.org). KIOGA’s frequent communications with members will speak directly and candidly about current economic and political situations. Our direct and frequent communications give confidence to our members and their employees that our industry can weather economic and political challenges. KIOGA Public Information Efforts For years, KIOGA has served as a primary source of information for the media on issues ranging from oil and gas taxation, environmental issues, economic impact of oil and gas industry and more. In 2011, the association’s media outreach efforts are reaching new highs with 44 media mentions already this year. As issues affecting the oil and gas industry continue to dominate media focus, KIOGA has raised our profile as a source for the media. The message we send is clear. Domestic oil and gas production must remain a top energy priority because it’s good for the economy, jobs, government revenue, and energy security. KIOGA’s aggressive public information efforts have resulted in thousands of Kansans who have heard KIOGA’s key messages. Major Kansas news outlets from the Kansas City Star, Wichita Eagle and Topeka Capital-Journal to the Hays Daily News, Manhattan Mercury and Eagle Radio - are turning to KIOGA as the leading oil and natural gas industry news source. ...continued on page 33 Communication...continued from page 32 Nation Needs to Rethink Its Energy Approach - KIOGA Tells Groups Across Kansas Providing for our future energy needs is one of the great challenges of the 21st century, KIOGA members told civic groups in presentations delivered across Kansas. KIOGA emphasizes that setting a national goal for energy independence would bring disappointment that would undermine the longer-term commitments that are required for a sound energy future and that an energy security strategy would be much more useful. KIOGA presentations outline a well-reasoned, fact-based comprehensive energy security strategy. KIOGA members spoke to 43 groups across Kansas in 2010 and have spoken to 26 groups already in 2011 including presentations in Wichita, Topeka, Dodge City, Great Bend, Russell, Salina, Louisburg, and Kansas City. During the remainder of 2011, KIOGA President Edward Cross has or will be speaking to a number of groups about critical oil and gas issues including: Hydraulic Fracturing - Kansas Joint Committee on Energy & Environmental Policy, KBA/KIOGA Oil & Gas Conference. Energy Security - Association of Desk & Derrick Clubs Annual Convention, Cowley County Economic Forum, Manhattan Rotary Club, Russell Chamber of Commerce Ag & Oil Expo. Energy Tax & Economic Policy - Governor’s Economic Summit on Energy. Energy Security for America - KIOGA Opinion Editorials KIOGA continues our vigorous campaign to educate media and the public about energy security issues and the integral role of responsibility in the oil and gas industry’s activities. KIOGA opinion editorials (OpEd) continue to be published by newspapers across Kansas and the nation. KIOGA President Edward Cross wrote and distributed opinion editorials and magazine articles on a number of energy issues that have been picked up by the Kansas City Star, Wichita Eagle, Salina Journal, Topeka Capital-Journal, Johnson County Sun, Great Bend Tribune, Abilene Reflector-Chronicle, Holton Recorder, Manhattan Mercury, Garden City Telegram, Lawrence Journal World, McPherson Sentinel, Southwest Daily Times, American Oil & Gas Reporter as well as newspapers in Illinois and Florida. All KIOGA OpEd’s focus on relaying messages that our state and nation must continue to move forward to promote comprehensive energy policy that will improve America’s energy supply and national security and that oil and natural gas must be a part of our energy solution. Getting Energized for Kansas Classrooms The Kansas Oil & Gas Resources Fund (KOGRF) has been busy preparing energy education curricula focused on K-2nd grade for delivery to Kansas schools. KOGRF Director of Communications J.L. White-Fuller and KOGRF Education Director Catherine ThorpeShirley have done an excellent job organizing materials and teacher workshops for K-2 teachers over the past several months. The Kansas Strong teacher workshops are designed to assist educators in providing a model for collaborative learning using crude oil, natural gas, and energy issues. Teachers learn activities for a solid energy curriculum and receive resource materials and classroom supplies. The program holds great promise for getting factual, hands-on energy education curricula to students and teachers across Kansas. KIOGA has been invited to a number of Kansas classrooms this fall. KIOGA began the “Petroleum Professionals in the Classroom” (Petro Pros) program in Kansas in 2004 and have since developed a strong presence in Kansas schools having reached over 11,500 Kansas students. Petro Pros are trained Kansas oil and gas professionals who volunteer their time and effort to visit Kansas schools to educate students about the science and business aspects of the Kansas oil and gas industry. In 2010, the KOGRF began their classroom energy education program and KIOGA’s Petro Pros Program was rolled into the KOGRF effort. KIOGA continues to work to help the KOGRF classroom energy education effort move forward. Classroom presentations will be made in October and November to: • • • Bonner Springs 8th Grade (200 students) St. Marys 6th Grade (40 students) South Barber High School (100 Students) The KOGRF is also preparing a Rolling Oil & Gas Education Exhibit. The exhibit is currently being constructed and will be a self-contained truck and box containing small scale working models of oil field equipment commonly used during the exploration and production of crude oil and natural gas. The exhibit will tour Kansas schools and other venues in support of KOGRF energy education programs. A special thanks goes to Clarence Denning who is building and installing the small scale working models, Nate Carter and Ricky Miller of Pacer Energy Marketing who volunteered their time and effort to deliver the truck and box to Colby, Kansas where Clarence’s workshop is located, and to Dick Schremmer who has spearheaded the effort to move forward with this valuable educational tool. ...continued on page 34 33 Communication...continued from page 33 Moving Forward Events in Topeka and Washington will determine the direction of the latest KIOGA public information initiative in the months to come. KIOGA’s public information efforts will continue to play an increasingly active role in helping determine how, when, and to what extent those events unfold. We will continue to advance messages and materials that redefine the terms of the debate, and inspire outside groups and everyday Americans to stand up and act on our behalf. KIOGA’s messages are getting out and continue to penetrate markets statewide through news media, civic club presentations, Op/Ed pieces, and other venues. KIOGA is playing an important role in energy education advocacy efforts, from state and federal advocacy to working with the media to educating teachers and students. KIOGA’s energy education advocacy efforts work hand-in-hand with our government relations activities to optimize KIOGA’s effectiveness as an advocate for the Kansas independent oil and gas industry. Our pubic information efforts are making a positive difference and create an atmosphere that helps us negotiate positive legislation from a better position. Need More Information? Contact KIOGA for background materials, data and statistics, industry information, and issue briefs. KIOGA can provide assistance writing Letters to the Editor, opinion editorials, press kits, speeches, and PowerPoints. Our guidance document titled “What We Say and How We Say It!” provides a basic overview about how we communicate with the media. Please contact the KIOGA Wichita Office at 316-263-7297 or visit our website at www.kioga.org for more information. 34 Tim Miller Oilfield Sales “Miller Plastics” 115 S. Patton Road Great Bend, KS 67530 800-772-6060 or 620-792-4388 [email protected] www.timmillersales.com ___________________________________ ____ W.C. Norris Sucker Rods ~~ Polyethylene Pipe Oilfield Transportation or Domestic Distribution ~~ PVC Plastic Pipe Pipe (40’ Joints w/ Deep Socket Couplings)- Fittings ~~ *Seal Tite* Lined Steel Tubing *Fiberglass Pipe-Tanks-Fittings* *Steel Pipe-Tanks-Vessels-Fittings* ~~ *FULL LINE OF OILFIELD SUPPLIES* *LARGE INVENTORIES OF ALL PRODUCTS* *Delivery Available Statewide* Less time gathering. More time strategizing. Enjoy the freedom and efficiency of an uninterrupted workflow. Direct connection to IHS data helps increase productivity, reduce data management costs, and enable better decision making about opportunities for oil and gas production. Regular updates ensure the most recent information is available, regardless of your platform. Realize new efficiencies through the integration of critical information and decision support tools from IHS. See more solutions at www.ihs.com/kioga Resources WORKFLOW WITHOUT DATA INTEGRATION Data Gathering Aggregration & Transformation Data Analysis Management Response Time WORKFLOW WITH DATA INTEGRATION Resources Spend your time more wisely with continuous data access and analysis. IHS now connects more information types to our products across the globe. This seamless integration extends to our customers’ proprietary systems. With a comprehensive array of data and interpretive tools, E&P processes can move faster—and with greater accuracy. Comprehensive Analysis & Strategic Insight Data Gathering Thoughful & Informed Management Decisions Time 35 PRSRT STD U.S. POSTAGE PAID WICHITA, KS PERMIT NO 411 105 S. Broadway Suite 500 • Wichita, KS 67202 (316) 263-7297 • www.kioga.org MEMBERSHIP APPLICATION (The undersigned applies for New Membership) NAME:______________________________________________________________________________________________________ COMPANY:__________________________________________________________________________________________________ ADDRESS:__________________________________________________________________________________________________ CITY:________________________ COUNTY:_________________________ STATE:___________ZIP CODE:____________________ PHONE NUMBER:________________________________________ FAX:________________________________________________ EMAIL:______________________________________________________________________________________________________ Would you like to receive email alerts ❑ Yes ❑ No ANNUAL DUES ❑ Enroll me as a Producer Member and bill me accordingly. 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