Dan A. Hughes says hydraulic fracturing is legal, safe and well-regulated

Guest Commentary

By David Blackmon

Spokesman for the Dan A. Hughes Co.

Managing Director, Strategic Communications, F T I Consulting; Houston, Texas

The Dan A. Hughes Company appreciates this opportunity to respond to allegations made by Robert Moher, President and CEO of the Conservancy of Southwest Florida, in his guest editorial published on June 16.

Early in the piece, Mr. Moher accuses Hughes of undertaking "illegal, fracking-like activities" at its Collier Hogan 20-3H well. The term "fracking" is shorthand for hydraulic fracturing, a very safe and well-regulated well stimulation process that has been employed more than a million times by the oil and gas industry in the United States over the last 65 years, including in the State of Florida.

The first point to make in response to that allegation is that hydraulic fracturing is not only NOT "illegal" in Florida, it is in fact specifically authorized for use as an accepted well stimulation process in the state's regulatory code.

The second point to make is that the company did not perform a hydraulic fracturing operation on the Collier Hogan 20-3H well within the scope of operations being performed in states like Texas, Pennsylvania and North Dakota.

Hughes did perform an acid stimulation treatment on the well. Mr. Moher refers to this as an "extreme extraction technique." In fact, acid stimulation is another authorized process that has been commonly used in Florida on thousands of oil, gas and water wells for more than half a century. The company then followed that by injecting sand mixed with a gel solution into the formation in order to hold open the channels that had been created by the acid treatment.

Midway through this process, the DEP did issue a cease and desist order, which Hughes subsequently appealed.

This disagreement over the cease and desist order was settled via the Consent Order that was recently challenged by the Collier County Board of Commissioners. The alleged "fine" Mr. Moher mentions was actually a civil payment negotiated into the Consent Order settlement. It is critical to note that at no time has Hughes been found to be in violation of Florida's regulations.

Mr. Moher goes on to question the validity of the groundwater testing process agreed to under the Consent Order. If you read the Consent Order, it is very clear how that will work: The water testing and monitoring plan will be approved in advance by the DEP, and the sampling and testing will be conducted by a lab that is fully certified by the State of Florida. The results will be provided to the DEP, and will become publicly available once the process has been completed.

The company is absolutely confident this testing process will demonstrate that its operations did not negatively impact the underground water reservoir. Our well completion process seals off underground water formations with multiple layers of heavy steel casing and cement, impermeable barriers designed to prevent migration of any well fluids.

Dan A. Hughes Company is committed to fully completing the steps it agreed to in the Consent Order, so long as it is not prohibited from doing so by any settlement or court decision that might be reached related to the challenge filed by the Collier County Board of Commissioners.

We continue to work towards that goal. Protection of the environment and human life are our highest priorities, and we view the Consent Order as a commitment not only to the DEP, but to residents of Collier County as well.