*155 ORDER

AND NOW, this 29th day of July, 2009, the Petition for Allowance of Appeal is GRANTED. The issue, as framed by the Petitioner, is:

Did the Superior Court misapply the decision of this Court in Young v. Forest Oil Co., 194 Pa. 243, 45 A. 121 (1899), by holding that Pennsylvania employs a purely subjective test to determine whether an oil or gas lease has produced “in paying quantities.”