Cracks open in E&P fracking fluid disclosure front
Houston (Platts)--7Oct2009/717 pm EDT/2317 GMT
Until recently, the oil and natural gas exploration-and-production
industry has presented a united front on the need to keep secret the
chemical composition of its hydraulic fracturing fluids, but that wall
of silence is now beginning to see some cracks.
But in late September, the CEOs of two major gas shale
players--Fort Worth-based Range Resources and Oklahoma City-based
Chesapeake Energy--called for well service providers to publically
disclose the ingredients in their fracking fluids to state regulators
and the public.
Chesapeake's Aubrey McClendon and Range's John Pinkerton made
identical proposals in response to questions after presentations at the
18th IHS Herold Pacesetter's Energy Conference in Greenwich,
Connecticut.
The transparency issue has come to the forefront as state
regulators wrestle with the question of how best to regulate the
well-completion technique commonly know as fracking, particularly in
states such as New York and Pennsylvania where producers are
increasingly seeking to use the technique to unlock the potential of the
gas-rich Marcellus shale.
In addition, gas industry officials might be hoping that by
moderating their position on fracking chemical disclosure, they can head
off federal regulation.
A bill currently pending in Congress, the Fracking
Responsibility and Awareness of Chemicals Act, or FRAC Act, would
mandate public disclosure of the chemicals used in fracking fluid.
Chesapeake spokesman Jim Gipson on Wednesday sought to downplay
the controversy over whether or not the constituent chemicals of
fracking fluid should be disclosed. "We believe the discussion about the
types of additives used in minimal amounts during hydraulic fracturing
is misguided since each additive that is brought onto a location is
accompanied by a Materials Safety Data Sheet, which not only identifies
the materials but outlines proper ways in which to utilize them," he
said.
The US Occupational Safety and Health Adminstation requires
that such MSDSs be posted at worksites where the chemicals are used. He
added that the information in the MSDSs "is readily available at each
well site for review by regulatory and other public agencies."
Well-servicing companies, such as Halliburton, have long
contended that they need to protect the forumlas of their fracturing
fluids as proprietary trade secrets.
"We continue to proactively work closely with local, state and
federal agencies regarding necessary disclosures of our products as we
balance a right to know with our right to protect our stimulation
equipment and fluid formulations, which are proprietary to our
business," Halliburton spokeswoman Diana Gabriel said.
As an example of such cooperation with state regulators, she
cited the case of Colorado, which in 2008 passed new regulations for the
oil and gas industry, including a requirement to divulge fracking
formulas to healthcare and emergency response personnel in the event of
an incident at a well site.
Lee Fuller, vice president of government relations for the
Independent Petroleum Association of America, said the idea that a
schism has erupted in the industry consensus on the issue of
transparency in regard to fracking might be based more on perception
than reality.
"Because it's drawn so much attention from the groups trying to
stop the development of these shale gases, it's drawn a lot more
attention to the management," of gas producers, he said.
"It creates a misperception within the industry about what's
really going on out there and you get reactions of wanting to be more
transparent. But a lot of transparency is already in place," Fuller
said.
--Jim Magill, jim_magill@platts.com
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