Empire Pipeline

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    Northern Access Pipeline Court Case Further Threatens NY DEC

    NY DEC is on legal precipice

    A new threat against the New York Dept. of Environmental Conservation’s authority over pipeline projects is coming from yet another federal court. Last month MDN brought you the huge news that the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the Millennium Pipeline against the NY DEC for delaying a decision to authorize a 9-mile pipeline Millennium wants to build from their main pipeline to an under-construction natgas-fired electric plant in Orange County, NY, called the Valley Lateral Project. Which may, at first blush, seem like a defeat. It was anything but a defeat. The justices, in their decision, said that the Federal Energy Regulatory Commission (FERC) has the right and responsibility to step back in and issue the water crossing permits themselves, overruling the NY DEC, if FERC so chooses (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). A second court case in a different federal court, the U.S. Court of Appeals for the 2nd Circuit, is now progressing. That case was brought by National Fuel Gas Company in April against the NY DEC for a similar reason: delay and denial of federal 401 stream crossing permits for NFG’s Northern Access Pipeline project (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). That case is now advancing and the lawyers for NFG are quoting the decision from the Millennium case as precedent for a ruling by the 2nd Circuit Court that the DEC cannot arbitrarily stop a federally-permitted pipeline project…
    Read More “Northern Access Pipeline Court Case Further Threatens NY DEC”

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    NFG’s Northern Access Pipeline Wins Eminent Domain Case…in NY!

    Talk about mixed signals. In April, MDN brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure and instructed the Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s (NFG) Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). Not long after, NFG filed a lawsuit against the DEC for their arbitrary, capricious and politically-motivated denial of the permits (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). Meanwhile, another series of court cases has been working its way through NY’s court system–eminent domain cases against a few holdout landowners who refuse to allow the Northern Access Pipeline across their properties. Some 97% of all landowners along the proposed route have signed easements with NFG, but there’s always a few holdouts. Last Thursday one of those holdouts lost in New York Supreme Court in Cattaragus County. (Don’t be confused, in NY, “Supreme Court” is just one level up from county court. The state’s highest court is called the Court of Appeals.) Camp Duffield in Cattaraugus County lost its court case against NFG, and consequently is now being forced, by court order, to submit to the pipeline–when and if it gets built. And that’s the conundrum. The courts obviously recognize NFG’s right, under a FERC (Federal Energy Regulatory Commission) order to build the pipeline. But the Cuomo-corrupted DEC does not… Read More “NFG’s Northern Access Pipeline Wins Eminent Domain Case…in NY!”

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    NFG Update – Getting “Lousy Treatment” in NY, Threatens to Leave

    National Fuel Gas Company (NFG), headquartered in Western New York State, is making noises (threats) that Gov. Andrew Cuomo should be very concerned about. NFG covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). It’s a big company that generates a lot of jobs and revenue for New York State. Yet NY is metaphorically crapping all over NFG–and the company is signaling its willingness to retaliate by leaving. No, not move the company HQ, or sell off its gigantic utility business. Nothing of that sort (yet, anyway). But NFG CEO Ronald Tanski said on an earnings call last Friday that NFG is “getting lousy regulatory treatment in New York State” and that “Given this type of regulatory treatment in the state, we have to take a serious look at our ability to achieve any reasonable growth in New York.” Translation: We’ll stop launching new projects that invest billions in the Empire State, and instead invest that money and the jobs it creates in PA and other states. The “lousy treatment” NFG is getting is related to NY’s corrupt Dept. of Environmental Conservation decision to deny it permits to build the Northern Access Pipeline (see NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”). NFG has taken the Cuomo DEC to court to try and get the DEC’s capricious pipeline decision overturned. However, the damage is now done. NFG is threatening to invest elsewhere–and we take them at their word. This is not an empty threat…
    Read More “NFG Update – Getting “Lousy Treatment” in NY, Threatens to Leave”

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    NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection

    Earlier this month MDN brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s (NFG) Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). A few days later, NFG issued a statement to say their proposed pipeline project would have FAR LESS impact on the environment “than either exploding an entire bridge structure and dropping it into Cattaraugus Creek (Route 219) or developing and continuously operating a massive construction zone in the middle of the Hudson River (Tappan Zee Bridge) for a minimum of five years” (see NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”). Both of those projects were reviewed and approved by Cuomo’s DEC, yet the DEC rejected a benign pipeline project. At the time we said this: “While there is no mention of a lawsuit against the DEC, you can bet your bottom dollar such a suit is coming.” Once again, we were right. Last Friday NFG sued the DEC in federal court, asking the court to review the DEC’s action in rejecting permits for the federally-approved project…
    Read More “NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection”

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    NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”

    Yesterday we brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). NFG issued a statement yesterday. They pointed out the following: NFG’s pipeline project would have FAR LESS impact on the environment “than either exploding an entire bridge structure and dropping it into Cattaraugus Creek (Route 219) or developing and continuously operating a massive construction zone in the middle of the Hudson River (Tappan Zee Bridge) for a minimum of five years.” Both of those projects were reviewed and approved by Cuomo’s DEC. NFG points out the utter and complete hypocrisy in the DEC decision. The DEC held talks with NFG about the project for 34 months without proffering major objections. And at the eleventh hour, they pulled this stunt. Without saying so overtly, the NFG statement says Cuomo yanked on the DEC’s chain to make a political decision. While there is no mention of a lawsuit against the DEC, you can bet your bottom dollar such a suit is coming…
    Read More “NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling””

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    Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. We’ve seen this movie before. The corrupt DEC fiddle faddles around in an effort to stall and delay. NFG is in no mood to screw around with the Cuomo DEC, so they filed a motion asking FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. The corrupt DEC doesn’t like being challenged and in March filed its own motion with FERC claiming NFG is out of line (see NY Fights Back Against NFG’s Request to Bypass DEC Pipe Approval). Now we know why they care so much. On Friday, just like they did with the Constitution Pipeline, the CORRUPT CUOMO DEC denied stream crossing permits for the Northern Access Pipeline project…
    Read More “Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit”

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    NY Fights Back Against NFG’s Request to Bypass DEC Pipe Approval

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. We’ve seen this movie before. The corrupt DEC fiddle faddles around in an effort to stall and delay. NFG is in no mood to screw around with the Cuomo DEC, so they filed a motion asking FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. The corrupt DEC doesn’t like being challenged and last week filed its own motion with FERC claiming NFG is out of line. The peeing match has begun…
    Read More “NY Fights Back Against NFG’s Request to Bypass DEC Pipe Approval”

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    Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. Sound familiar? The DEC faced a similar task with the FERC-approved Constitution Pipeline and ultimately, under political pressure from Gov. Andrew Cuomo, made the decision to refuse granting Williams the permits it needs to build the Constitution. Williams sued and sometime this spring NY will almost certainly lose the case (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). With the approval arriving, the DEC decided maybe it was time to begin conducting circus public hearings about the project (see Battle Begins to Get NY DEC to Approve Northern Access Project). But NFG is in no mood to screw around with the Cuomo DEC, so they’ve asked FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project. Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. Wouldn’t that be sweet?…
    Read More “Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval”

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    Radicals Try to Pressure NY DEC into Delaying Northern Access Pipe

    About 150 individuals masquerading as “organizations” have sent a letter to the New York Dept. of Environmental Conservation (DEC) requesting the DEC add an extra couple of months to a comment period for National Fuel Gas Company’s Northern Access 2016 pipeline project. A few weeks ago the Federal Energy Regulatory Commission (FERC) approved the long-delayed project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the DEC, must issue stream crossing permits. Sound familiar? The DEC faced a similar task with the FERC-approved Constitution Pipeline and ultimately, under political pressure from Gov. Andrew Cuomo, made the decision to refuse granting Williams the permits it needs to build the Constitution. Anti-drilling fruitcakes hope to get lightning to strike twice, repeating the process with this project as they did with the Constitution. So, right out of their playbook, a bunch of radicals pretending to represent thousands of people (in reality 153 people) have sent a letter to the DEC attempting to pressure the DEC into extending a one-month comment period by an extra 60 days…
    Read More “Radicals Try to Pressure NY DEC into Delaying Northern Access Pipe”

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    Battle Begins to Get NY DEC to Approve Northern Access Project

    Déjà vu all over again? Last Friday the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. Sound familiar? The DEC faced a similar task with the FERC-approved Constitution Pipeline and ultimately, under political pressure from Gov. Andrew Cuomo, made the decision to refuse granting Williams the permits it needs to build the Constitution. Williams sued and sometime this spring NY will almost certainly lose the case (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). We hope the DEC doesn’t repeat their tragic “Constitution” mistake with the Northern Access project. Last night, and again tonight and tomorrow night, the DEC is holding public hearings on the project in western NY. Interestingly, last night the crowd that turned up was about evenly split between those against the project, and those for it…
    Read More “Battle Begins to Get NY DEC to Approve Northern Access Project”

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    NFG’s Northern Access Pipe in NY/PA Gets FERC Approval

    NFG’s Northern Access 2016 Pipeline map – click for larger version

    National Fuel Gas Company (NFG), the Buffalo-based utility giant with both a drilling subsidiary (Seneca Resources) and a midstream/pipeline subsidiary (Empire Pipeline) filed an application with the Federal Energy Regulatory Commission (FERC) in March 2015 for a pipeline project they call Northern Access 2016 (later renamed to simply Northern Access Project, dropping the “2016” part). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton (see NFG’s Marcellus Pipeline from NWPA to NY Hits Resistence). In July 2016, FERC issued a favorable Environmental Assessment, paving the path for full approval (see NFG’s Northern Access Pipeline Gets Favorable FERC Review). NFG had hoped to have the project done and in-service by November of this year. However, due to foot-dragging by FERC, NFG recently announced the project would get delayed (see FERC Delay Pushes Back NFG’s Northern Access Pipeline Project). Perhaps that announcement was premature? On Friday, FERC approved the project and granted NFG their certificate to build it, although NFG is still saying the new/delayed schedule is the schedule they will stick to in building it…
    Read More “NFG’s Northern Access Pipe in NY/PA Gets FERC Approval”

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    NFG/Seneca Qtly Update: Swings from Loss to Profit

    National Fuel Gas Company (NFG) covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). Big company. Diverse operations. Yesterday NFG issued what they call their first quarter update (everyone else’s fourth quarter update), covering October through December. The good news is that NGF swung from losing $189 million in the same period last year, to making an $89 million profit this year. Commenting on what matters most to MDN (the Marcellus/Utica), Ronald Tanski, NFG’s CEO, said this: “We expect to keep moving forward with our plans to build our Northern Access pipeline by the middle of next fiscal year. In the meantime, our efforts will remain focused on the efficient development of our Marcellus acreage to prepare for the Northern Access capacity while continuing to evaluate our opportunities in the Utica Shale on the very same acreage. Together, these stacked formations provide plenty of running room on our acreage and will fuel our growth for an extended period.” Plenty of running room. Sounds good to us! Here’s the update from yesterday…
    Read More “NFG/Seneca Qtly Update: Swings from Loss to Profit”

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    FERC Delay Pushes Back NFG’s Northern Access Pipeline Project

    National Fuel Gas Company (NFG), the Buffalo-based utility giant with both a drilling subsidiary (Seneca Resources) and a midstream/pipeline subsidiary (Empire Pipeline) filed an application with the Federal Energy Regulatory Commission (FERC) in March 2015 for a pipeline project they call Northern Access 2016 (later renamed to simply Northern Access Project, dropping the “2016” part). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton (see NFG’s Marcellus Pipeline from NWPA to NY Hits Resistence). In July 2016, FERC issued a favorable Environmental Assessment, paving the path for full approval (see NFG’s Northern Access Pipeline Gets Favorable FERC Review). NFG had hoped to have the project done and in-service by November of this year. However, due to foot-dragging by FERC, NFG has just announced a revision. They now say the project can’t get completed until “the second quarter of the Company’s 2018 fiscal year.” NFG doesn’t operate on a calendar year for reporting, they’re a quarter ahead. So the Company’s 2Q18 means 1Q18 for everyone else. Translation: NFG hopes to have it built and in-service by March 2018. In addition to the “bad news” of the delay, NFG sprinkled in some good news about production in 4Q16: due to an increase in Marcellus production, NFG’s calendar 4Q16 production (for subsidiary Seneca Resources) was up 16% over the same period in 2015…
    Read More “FERC Delay Pushes Back NFG’s Northern Access Pipeline Project”

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    NFG/Seneca Qtly Update: Production Inches Up, Profits Up Too

    nfgNational Fuel Gas Company (NFG) covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). Big company. Diverse operations. Late last week NFG issued what they call their fourth quarter update (everyone else’s third quarter update), covering July through September. NFG’s CEO Ronald Tanski said lower natural gas prices and higher temperatures didn’t help. However, the company improved. In NFG’s 4Q15 the company lost $188 million–but this year they made $37.5 million. That’s a significant $225 million improvement in just one year’s time. However, NFG ended the full year in the red–losing $291 million (an improvement from losing $379 million last year). As for Seneca’s performance, it was a good year overall, with banner production. Seneca’s production was 161.1 Bcfe (billion cubic feet equivalent) in fiscal 2016, an increase of 3.3 Bcfe, or 2%, versus fiscal 2015. Seneca voluntarily curtailed an estimated 34.6 Bcf (billion cubic feet) of net natural gas production in fiscal 2016. Seneca’s average realized natural gas and oil prices, after the impact of hedging, was $3.02 per Mcf and $57.91 per Bbl, respectively, a decrease of $0.36 per Mcf and $12.45 per Bbl, versus fiscal 2015. Below is the NFG update for all of their subsidiaries including Seneca and Empire, along with a copy of the latest PowerPoint slide deck…
    Read More “NFG/Seneca Qtly Update: Production Inches Up, Profits Up Too”

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    FERC Settles Investigations into 3 NE Pipelines Overcharging

    case closedIn January of this year, the Federal Energy Regulatory Commission (FERC) launched five investigations into four pipelines, three of which operate in the northeast, to determine whether or not those pipelines have been “substantially” overcharging their customers with the excuse of “we have to recover our costs” (see FERC Investigates 3 Northeast Pipelines for Overcharging). Although you might think the free market would govern what pipelines charge, pipelines, like other utilities, don’t operate in a totally free market. You can’t just up and leave one pipeline and take your gas to another. The government grants permission to operate, and the government keeps an eye on the rates charged–just like they do with your local gas and electric company. In the case of interstate pipelines, the government agency monitoring how much they charge is FERC. Apparently someone complained and FERC is now on the case. The three pipelines in the northeast were put under the microscope: Empire Pipeline, Iroquois Gas Transmission System and Columbia Gulf Transmission. The case is now closed for all three…
    Read More “FERC Settles Investigations into 3 NE Pipelines Overcharging”

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    NFG Update: Seneca Gas Production Up 25%, Pipeline Profits Up Too

    nfgNational Fuel Gas Company covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). Big company. Diverse operations. Yesterday NFG issued what they call their third quarter update (everyone else’s second quarter update), covering April through June. According to NFG’s CEO Ronald Tanski, Seneca’s Marcellus production grew by an impressive 25% year over year, due to increased takeaway capacity on NFG’s pipelines and on improved gas prices in Appalachia. NFG’s pipeline business is doing very well–making more this year than last. The one part of the business that (surprisingly) lost money was the utility business. Here’s the full run-down for NFG and its various divisions…
    Read More “NFG Update: Seneca Gas Production Up 25%, Pipeline Profits Up Too”