Jul 22, 2014 3 min read

WAYNESBURG – A company that conducts seismic testing for the oil and natural gas industry filed a petition with the court seeking an order to allow it to conduct its operations in Center Township.

Geokinetics USA Inc. of Houston, Texas, originally filed its complaint for declaratory and injunctive relief with Commonwealth Court, which determined it lacked jurisdiction and transferred the case to Greene County Court.

Geokinetics claims it has been seeking an agreement with the township since January to use township roads to conduct seismic testing, that involves creating ground vibrations with small explosives or a special vibroseis truck to chart the area’s geology.

The township supervisor’s response to the company’s request was to adopt an ordinance in April regulating seismic testing, the petition said.

“The ordinance, which was passed without any public notice or process, effectively prevents any and all seismic testing in the township through vague, arbitrary and unreasonable regulations” the petition states.

Despite adopting the ordinance, the supervisors, township solicitor Dennis Makel and company representatives met May 22 to discuss the matter. Company representatives left the meeting believing Makel would draft an agreement allowing the company to proceed with its work, the petition said.

Makel sent the company a draft agreement June 18 and the company responded with its version of the agreement June 24.

After making several inquiries, the company was told by Makel July 8 the supervisors would address the issue at their July 10 meeting.

Contrary to Makel’s assertion, the agreement was not addressed at the meeting nor was it on the agenda, the petition said.

The supervisors said they had never received an email or notification from Makel regarding the agreement.

“The time frame for completing the project is quickly coming to an end. If it is not completed in time, it will result in substantial lost data to Petitioner, accompanying lost revenue, and Petitioner’s inability to fulfill its contract,” the company said.

Data collected by the seismic testing is needed to allow for safe, efficient oil and gas operations with the least amount of impact, it said

The company asks the court to declare the township’s ordinance regulating seismic testing invalid, claiming the ordinance is preempted by the state Oil and Gas Act and was not adopted in accordance with the township code.

The company further asks the court to find it does not need an agreement with the supervisors to conduct seismic testing in the township.

Township supervisor Seann McCollum referred questions regarding the complaint to Makel, who could not be reached Tuesday for comment.