Collect

A Pennsylvania judge ruled that the state Public Utility Commission (PUC) had no authority to review local drilling ordinances for compliance with Act 13, a decision that could force the agency to release nearly $1 million in impact fee revenue withheld for noncompliance.

Commissioners in Bradford County, PA — one of Pennsylvania’s most prolific counties for unconventional natural gas drilling — joined nearly all of their contemporaries in the Marcellus Shale and voted unanimously in favor of implementing the state’s impact fee on unconventional gas drilling on Thursday.

BP plc won’t be able to collect from Halliburton Co. any of the cleanup costs and economic losses that resulted from the Macondo well blowout in 2010 in the deepwater Gulf of Mexico (GOM), a district judge in New Orleans has ruled. U.S. District Judge Carl Barbier, who is to oversee a Macondo trial beginning later this month, in January made a similar ruling for Transocean Ltd. BP filed a lawsuit last year to recover from Halliburton, Transocean Ltd. and Cameron International some of the estimated $40 billion in costs and losses that followed the well explosion (see NGI, April 25, 2011) The case is In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, U.S. District Court, Eastern District of Louisiana, No. 10-md-02179. Halliburton was the well cementing contractor, Transocean owned the Deepwater Horizon drilling rig and Cameron manufactured the blowout preventer for the Macondo well. Cameron and BP settled their lawsuit in December (see NGI, Dec. 19, 2011). On Feb. 27 the litigants are scheduled to meet in New Orleans where Barbier is to preside over the initial BP spill trial.

BP plc won’t be able to collect from Halliburton Co. any of the cleanup costs and economic losses that resulted from the Macondo well blowout in 2010 in the deepwater Gulf of Mexico (GOM), a district judge in New Orleans has ruled. U.S. District Judge Carl Barbier earlier in January made a similar ruling for Transocean Ltd.

The Internal Revenue Service (IRS) lost a bid to collect close to $4 million from the estate of former Enron Corp. Chairman Kenneth Lay and his wife Linda. Kenneth Lay, 64, died of a heart attack in July 2006, six weeks after he was convicted on 10 fraud and conspiracy counts (see Daily GPI, July 6, 2006; May 26, 2006). The tax case dated to Sept. 21, 2001, when the Lays sold $10 million in annuities to Enron as part of an agreement for Kenneth Lay to retake the CEO position, which had been vacated by Jeffrey Skilling a month earlier. The agreement with Enron at the time stipulated that the annuities would be returned to Lay if he worked a 4.25-year term. However, Enron filed for bankruptcy protection less than three months later (see Daily GPI, June 21; May 3, 2006). The IRS contested the Lays’ contention in their 2006 tax filing that the annuities were sold to Enron for no monetary gain; in 2009 the IRS filed a notice of tax deficiency for $3.9 million. U.S. Tax Court Judge Joseph Goeke disagreed, ruling that the Lays’ transactions were legitimate and neither of the Lays nor the estate received any distributions or death benefit from the annuity.

Natural gas municipal entities and industrial gas consumers have called on Congress to reject efforts to allow the interstate pipelines to collect a tracker fee — or tax — on top of the existing user fees from customers as part of pipeline safety reauthorization legislation.

The Pennsylvania General Assembly won’t tackle a tax or fee on Marcellus Shale development during budget talks this summer, but will most likely return to the topic in the fall.

While the debate over drilling on state land in Pennsylvania is focused on parks and forests, another state landowner is looking to collect revenue by selling public resources to the natural gas industry: the Pennsylvania Fish and Boat Commission (PFBC).

Pennsylvania could collect revenue from the natural gas industry by enacting a severance tax or by leasing more state forest land to drillers, but Gov. Tom Corbett’s first budget chose neither option.