Industrywide Issues

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    Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision

    bozo mushroom cloudOne month ago Pennsylvania got the sad news that the state Supreme Court struck down important (and large) sections of the 2012 Act 13 Marcellus Shale drilling law (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The disappointing aspect of the decision is that Chief Justice Ron Castille, a Republican, joined three Democrats on the bench in deciding to use, for the first time, PA’s Environmental Rights Amendment to create new rights that didn’t exist before (drunk on their own power?). In fact the basis on which Castille made his poor judgment was based on his admitted prejudiced view that drilling and fracking is inherently harmful to the environment–which of course is not the case (see Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling).

    One of the biggest problems with the PA Supreme Court decision is that the four justices agreeing to strike down zoning (and other) provisions in Act 13 could not agree on their reasons for doing so, weakening the decision’s usefulness in future cases. They also sent portions of the original case back to a lower court that, if those decisions go the wrong way, will totally wipe out the Act 13 law, sending PA back to the drilling stone ages again, without important environmental protections provided for under the law. Last week Penn State University law professor Ross Pifer analyzed the high court’s poor decision on a webinar call…
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    New Study: Conventional Gas Wells Produce 3X Wastewater as Shale

    Let’s frame this up so you have a proper understanding for the source of this information: A postdoctoral research associate dude at Duke University (a really smart student) teamed up with another smart student getting her master’s degree in environmental management at Duke, to study how much wastewater is produced by both conventional (or traditional) natural gas wells and unconventional horizontally-drilled shale wells in Pennsylvania. In essence they researched and wrote a term paper on the topic which will be published in the February issue of the journal Water Resources Research (see below). The postdoctoral dude has since left Duke and is now an assistant professor of biogeochemistry at Kent State. Hence, we have a “new study issued by Kent State and Duke University.” We’re not denigrating their accomplishments! Just giving you a proper understanding for how these “studies” are sometimes researched and how they’re reported about in the media.

    Anywho, the research from our two intrepid students shows that overall, because there are so many shale wells in PA, and because it takes a lot more water to frack a shale well than a conventional well, that (surprise!) shale wells produce more wastewater that conventional wells. The interesting aspect of their research–the finding that is worthy of putting their names in academic lights over–is that per unit of gas recovered, shale wells produce only 1/3 as much wastewater as conventional wells. Let’s put this startling discovery another way: If irrational anti-drillers banned all horizontal fracking of shale wells tomorrow in PA (whoops, the PA Democrat Party is trying to do just that!), and we went back to the days of only mining gas by conventional wells, in order to produce as much gas as we now produce today, we would produce three times as much wastewater to get it from conventional wells. We’d also have to sink way more holes in the ground to get it…
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    Glow in the Dark: Are We Being Irradiated by Frack Waste?

    radioactive zombiesThe fear-mongering continues by those who oppose shale drilling. One of the scare tactics used by anti-drillers is to say that frack wastewater and drill cuttings (leftover rock and dirt) are loaded with radiation and by disposing of it in landfills and via wastewater recycling facilities we’ll all end up irradiated, dying long slow deaths from cancer. Or worse yet, we’ll all become radioactive zombies. Hey, maybe someone could make a movie about that! (Unbelievably, they already have: see Friday Foibles: The Scientific Link Between Fracking and Zombies.)

    The Ohio EPA and Dept. of Natural Resources (ODNR) is not much impressed by all these radioactivity claims. Neither are we. One of the favorite drive-by media claims is that drill cuttings are setting off radiation alarms at landfills in record numbers (“hundreds” of times a year). Thing is, those same alarms go off when medical waste is hauled in too–they’re that sensitive that even radioactive dyes are picked up by them. It proves NOTHING. Yet you see that argument often used–fracking dirt contains radition! Whatever. Here’s the latest drive-by attempt to scare people with radioactive waste concerns, this one emitted by the Columbus Dispatch…

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    PA Dem Consultant Lectures Party to Avoid Marcellus Moratorium

    Every now and again the truth pokes through–even in publications like the Philadelphia Inquirer. We read with interest an op-ed in today’s Philly Inquirer that tells the truth about how the Marcellus Shale is responsible for creating 290,000 jobs in Pennsylvania over the past few years–a state with an unemployment rate stuck above 7%. Some 28,000 of those jobs are “core” industry jobs that pay on average $83,000 per year or more. The op-ed says the Marcellus has given Pennsylvania families a reason to be optimistic about their financial future.

    The fascinating thing to MDN is that the op-ed is written by Democrat consultant Mike Butler, current executive director of the Consumer Energy Alliance (Mid-Atlantic section). Mike is a former political consultant for Democrat Bob Casey for U.S. Senate (who sadly won), Dan Onorato for PA governor (who happily lost to Tom Corbett), and on the staff of former Democrat Congressman Jason Altmire. Huh. A Democrat singing the praises of the Marcellus shale, and at the close of his comments he warns the leaders of his party that the statewide moratorium they say they will enact if they regain political power in the state should be “avoided.” We’d use stronger words, but we’re happy to see at least one Democrat in the entire state hasn’t lost all of his marbles…
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    NJ Natgas Customers Get 24% Reduction on Their Bill

    An irony of ironies…The anti-drilling lobby in New Jersey is very strong. Even though there’s no recoverable Marcellus Shale gas in NJ, so-called environmentalists continually agitate for a statewide ban on fracking. A number of them also cross the border to make trouble in PA too, showing up for protest rallies. Even though they hate natural gas that comes from fracked Marcellus Shale–the very same protesters burn it to heat their homes and cook their meals. Some of them even use it to power natural gas vehicles.

    So it strikes us as a tad ironic that those same anti-drillers will see yet another huge rebate on their next gas bill from Public Service Electric & Gas (PSE&G), NJ’s largest gas and electric utility. Why? Because PSE&G has been wisely buying cheap Marcellus Shale gas produced in PA, and by law they have to pass along the savings to their customers. So in February their bills will be chopped by 24%, thanks to the same Marcellus gas groups like the Sierra Club are protesting…
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    MDN Takes on Seeking Alpha Blogger over Marcellus Decline Rate

    inside baseballThis is an “inside baseball” kind of article. For those with a casual interest in Marcellus Shale drilling, you’re free to move along. For the rest of us, this is an important issue–and that issue is how fast do Marcellus Shale wells (really any/all shale wells) peter out? After you drill a well, how long does it take before the gas quits flowing in economic volumes? It’s certainly important for drillers investing millions and billions–and for landowners who receive royalties. It’s also important for companies that invest big money in processing plants and pipelines (the “midstream” sector) because those fixed costs take time to recoup and you want to be sure the gas flows long enough to make a profit.

    Increasingly the debate is turning to decline or “depletion” rates–how fast wells peter out. The U.S. Energy Information Administration (EIA) introduced a new drilling productivity report in October (a report we LOVE) that tackles the issue of decline rates. EIA lumps “old” wells together in a single number that they track–they call it “legacy production” or gas production from older wells. A freshly drilled well is considered “new” for precisely one month! After that, it’s production is lumped in with all of the other legacy or “older” wells. Sooner or later drillers will quit drilling new wells and all that will be left are legacy wells, so the sport in the investing industry is to guess when that will happen, and how productive those older wells will be. Enter an article on Seeking Alpha that does a deep dive into this issue by an admitted shale gas pessimist…
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    New NYC Mayor Comes Out Against Fracking Anywhere in NY

    NYC Mayor Bill De BlasioThe new mayor of New York City, Bill De Blasio, is anti-drilling and proud of it. Yesterday he told reporters he doesn’t want to see fracking anywhere in the state. That De Blasio–wow, what a deep thinker he is! Know where he gets his facts and information from about fracking? Watching movies like Gasland. Such intellectual heft. Such gravitas. The man is clearly smarter than any of the rest of us. Thank God he’s the new mayor.

    Of course, De Blasio apparently doesn’t realize that fracking (of conventional oil and gas wells) happens right now in New York State and has been for over 40 years. But hey, let’s not let something like the truth get in the way of spinning a good fiction for the hoi polloi–us ordinary folks. We’re just so in awe of self righteous jerks intellectual leaders like De Blasio, we simply feel unworthy to be in His presence…
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    Northeast Propane Shortage – Andrew Cuomo Partially to Blame

    Propane is one of the natural gas liquids (NGLs) that comes out of the ground along with methane (natural gas) in places like southwest PA and eastern OH–otherwise known as “wet gas” areas of the Marcellus and Utica Shale region. There’s been a number of stories recently in the national media about supply shortages of propane. The Pennsylvania Propane Gas Association issued a press release yesterday addressing those concerns–to layout the reasons why propane is in short supply and why prices for it have jumped.

    When you read beyond the headlines, you’ll find there’s a pretty simple reason why propane prices have skyrocketed in the northeast and New England–it’s because of New York’s anti-fracking governor Andrew “the ditherer” Cuomo. He’s not only dithering about whether or not to allow fracking, he’s also dithering on whether or not to approve a new propane underground storage facility near Seneca Lake–what the industry terms a “critical” need to relieve propane supply issues in this part of the country. Here’s a good rundown on the current propane supply issues plaguing the U.S., including Cuomo’s hand in it…
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    WV Anti-Drillers Try to Tie Coal Chemical Spill to Fracking

    MDN alerted you yesterday that some businesses on the periphery of the shale drilling industry in West Virginia may be affected by the recent coal-related chemical spill in that state that shut off water to some 300,000 residents (see Bumpy Ride for GreenHunter Because of WV Coal Chemical Spill?). Apparently anti-drilling Democrats in the state aren’t stopping at the periphery of the industry–why not use this unrelated chemical spill tragedy to falsely paint the entire shale drilling industry too? Yeah! What a great idea! (Rahm Emanuel: “You never let a serious crisis go to waste.”)

    And so is born one of the most confusingly false and fact-challenged articles we’ve read in a long time–and that’s saying something. A Huntington News reporter was apparently so wowed by has-been WV politician Charlotte Pritt (who once ran for governor in WV and lost), that he accepted her spoon-fed pablum that the recent coal-related chemical spill “has ties” to the fracking industry. The reporter confusingly cites studies going back years from trustworthy sources like (*cough*) Politico, and sprinkles in liberal doses of liberal dogma like “Halliburton loophole,” and apparently expects you to understand what he and Queen Charlotte are trying to say: frackin’s bad for ya man…
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    Oilfield Services Company Canary Buys Wellhead Competitor

    Canary says it is the country’s largest “independent” wellhead services company. They rent equipment and personnel to help energy companies frack wells, and they install wellheads on those wells. Canary, now a $100 million company, announced yesterday that they’ve bought out a smaller competitor: American Wellhead. American has a strong operation in the Permian Shale basin (Texas) which Canary wanted.

    So why is this news for MDN? Because Canary has extensive operations in both the Marcellus and Utica Shale, servicing drillers in the northeast. And because when a company like Canary expands the way they have been expanding, it may mean opportunity for other businesses that work with, or sell to, companies like Canary. And because drillers in the northeast may be interested in knowing what their vendor is up to. For a variety of reasons, we thought this press release from Canary might be interesting for our readers…
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    PA DEP Extends Roadshow for Public Comment on New Drilling Rules

    Roadshow! The Pennsylvania Environmental Quality Board (EQB), a division of the state Dept. of Environmental Protection (DEP), has been in the midst of a 60-day tour, visiting different locations across the state, to elicit public comment on proposed new Marcellus Shale drilling rules called for under the Act 13 law passed in early 2012 (see PA DEP Launches Public Comments on New Drilling Rules, Roadshow).

    Must be the EQB is having fun because they’ve just extended the roadshow for another 30 days. Instead of wrapping up public comments on the proposed new drilling rules by Feb. 12, the new deadline will be Mar. 14. Oh, and they’ve added a couple of more stops to the roadshow tour: Troy and Warren, PA. Here’s the EQB roadshow extension announcement:
    Read More “PA DEP Extends Roadshow for Public Comment on New Drilling Rules”

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    Bumpy Ride for GreenHunter Because of WV Coal Chemical Spill?

    Is there a connection between the recent chemical leak in West Virginia that cut off water for 300,000 people–a leak related the coal industry–and GreenHunter Water’s plans for a frack wastewater recycling plant in Wheeling, WV? Perhaps. No, GreenHunter had nothing to do with the chemical spill that made national headlines for weeks (see Coal Industry Blamed for West Virginia Chemical Spill). But because GreenHunter plans to store fracking wastewater in tanks above ground “mere yards from the Ohio River” as one article says, they are now coming under increased scrutiny. One might say they’re now under a microscope.

    MDN has covered the long road for GreenHunter in establishing the Wheeling wastewater recycling facility (see these MDN articles). Just when it appeared that the path was clear–and that even the U.S. Coast Guard would finally grant GreenHunter permission to barge frack wastewater from the Wheeling facility–the coal-related chemical spill happened, which may end up adversely affecting the GreenHunter project…
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    Former Marcellus Coalition CEO Katie Klaber Starts Consultantancy

    Con•sult•ant: a person who provides expert advice professionally. Synonyms: adviser, expert, specialist, authority, pundit. One of our favorite Marcellus personalities, Kathryn (Katie) Klaber, former CEO of the Marcellus Shale Coalition, has finally turned up again–as a consultant. Katie has begun her own consulting practice along with partner Ron Pettengill, a Wall Street IT wizard. It will be no surprise that Katie’s new consulting firm will focus on shale, and, if we read her press announcement correctly, help companies navigate the tricky PR waters of aggressive development while maintaining good relations with the public. And Katie should know, because she helped build the enormously successful MSC to its current 300 members–those members being some of the largest upstream (drilling) and midstream (pipelines) companies in the world.

    The Marcellus Shale has become the hottest of the hot shale plays in the United States–and Katie Klaber had a hand in that success. She’s now turning her expertise, specialization and authority into a consulting practice that will deliver her knowledge to companies across the country. Here’s the press announcement from Katie about her newly formed consulting practice, including a couple of customers she’s already serving (advising the Babst Calland law firm and working with global consulting firm Blue Water Growth)…
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    Williams Expands in PA Again, Adds Local HQ in Fayette County

    Although headquartered in Tulsa, Oklahoma, Williams–one of the largest (perhaps the largest) midstream company in the Marcellus and Utica Shale–continues to expand its footprint in the northeast. The latest area where Williams is expanding is southwest PA–Fayette County to be precise. Williams recently opened a new local headquarters for their Williams Energy division in Fayette. The new location currently employs 75 people (so far).

    Here’s the story of Williams’ ongoing expansion in SW PA…
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    Japan Researchers Say Life Wouldn’t have Begun without Natgas

    Anti-drillers seems to be susceptible to believing in fairy tales–like the myth of man-made global warming. Here’s a new fairy tale anti-drillers may not like so much. This one comes from researchers at the Tokyo Institute of Technology (TIT). In a press release laced with a lot of maybes, could-of’s and probably’s, the bright minds at TIT have a new theory: One of the key substances found on earth today was a necessary component in the formation of life on earth–it was a necessary ingredient in the primordial soup of life. And what, you may ask, is that key, critical chemical compound? CH4…otherwise known as methane…otherwise known as natural gas.

    Oh no! Say it ain’t so!! Not natural gas?! Yep. The same anti-drillers who tell you the world will end by burning natural gas wouldn’t even be here (according the TIT fairy tale) without it. Talk about ironic…
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    PA Judge Hears Mariner East NGL Pipeline Eminent Domain Case

    court gavelSunoco Logistics–and for that matter, MarkWest–have a lot riding on a single court case in Washington County, PA. It might be a bit melodramatic to say the future of the Mariner East NGL (natural gas liquids) pipeline hangs in the balance, but it certainly is not inaccurate to say the case could cause an extended delay–if it goes the “wrong” way (for Sunoco). What’s the case about?

    Sunoco’s Mariner East “refined products” pipeline spans the entire state of Pennsylvania. In order to connect to that pipeline to ship propane and ethane to the Marcus Hook refinery near Philadelphia, Sunoco first has to build a 50-mile feeder pipeline from the MarkWest processing plant in Houston (Chartiers Township) to Delmont (see the Sunoco map below). The problem is, a group of landowners in Washington County won’t play ball and lease their land to Sunoco to bury the pipeline. Sunoco got tired of negotiating with the recalcitrant landowners, and changed tactics to declare it (Sunoco) has eminent domain power under PA state authority. They sue the 25 landowners for force them to allow the pipeline. The landowners sued back arguing the 50-mile pipeline should come under federal, not state, authority. One of the 25 cases is being used as a proxy for the others and that case was just argued yesterday before a PA judge. A decision, according to the judge, will be “prompt”…
    Read More “PA Judge Hears Mariner East NGL Pipeline Eminent Domain Case”