Transco Wins “Precedential” Fed Court Decision to Use Eminent Domain
Williams’ Transco Pipeline has just won a major eminent domain court case for its Atlantic Sunrise Pipeline project that will have implications for all pipelines. Yes, Atlantic Sunrise is now in the ground and flowing natural gas (see FERC Approves Atlantic Sunrise for Startup! Pipe Opens Sat. Oct. 6). However, a small group of landowners in Lancaster County opposed to Atlantic Sunrise resisted and would not allow Transco to build. So Transco sued and won a court order, based on the right of delegated eminent domain granted by the Federal Energy Regulatory Commission (FERC), to immediately take possession of those properties and build the pipeline. The landowners continued to fight the order and the case eventually ended up in federal court.
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We previously highlighted Virginia Natural Gas’ (VNG) “Southside Connector” project, a 9-mile pipeline from Norfolk, VA to Chesapeake, VA that VNG says will fill a gap between two main supply lines, essential to meet growing natural gas demand in the Chesapeake area. The final 2,000 feet of pipeline needs to be laid, but will run under a river and shipyard located on the bank of the river. The shipyard owner adamantly opposes the pipeline and has launched an all-out campaign to stop it (see 
Cleveland State University and Case Western Reserve University have floated a bold plan to build a $100 million microgrid to power the city of Cleveland, OH’s central business district in downtown, a 2-3 square mile area. At the heart of the microgrid would be a Utica gas-fired combined heat and power system (CHP). The CHP plant would produce up to 48 megawatts of electricity and act as a backup and/or alternative to the grid. The cost per kilowatt-hour would higher than electricity from the regular grid, but hey, it would mean virtually 100% up-time, providing electricity when grid demand is extreme (hot summers, cold winters). It’s all about reliability.
The Laborers’ International Union of North America (LIUNA) is ramping up to begin training local Virginia residents as construction workers for Dominion Energy’s Atlantic Coast Pipeline (ACP). The initial training will start in Buckingham County. LIUNA’s training includes both classroom and hands-on training. Folks have been pestering LIUNA for months, asking why they have not already begun training. The reason is simple: You don’t begin training until you’re ready to put people into the field to use that training. You don’t train them and then wait for months on end–while they forget what they just learned. LIUNA’s training program launch means that construction on ACP in Virginia is about to ramp up in a big way.
Chesapeake Energy has just blown the minds (and confidence) of investors by plunking down $4 billion in cash and stock to buy WildHorse Resource Development Corp, a driller with big-time assets in the oily Eagle Ford Shale play in Texas. Investors didn’t like the news, punishing the stock by sending it 12% lower. Chesapeake Energy today is definitely not the same company it was even five years ago. Chessy was co-founded by the flamboyant Aubrey McClendon (God rest his soul). Aubrey, a landman by profession, founded the company as a natural gas driller–building it into the largest onshore natural gas-drilling company in the U.S. Today Chessy’s focus on gas is pretty much gone. While they still drill and maintain wells in both the Marcellus (in PA) and Haynesville (in Louisiana), most of the talk in Chessy’s 3Q18 update, which was issued yesterday, was oil, oil, oil.
“Come on Jim, quit writing so much about pipelines! Write more about upstream/drilling!” We have had MDN subscribers tell us that (no lie). But here’s the thing: What happens with pipelines *directly* affects what happens with drilling–the willingness of companies to drill more. Case in point: Over the past few weeks two new pipelines have come online: Williams’ Atlantic Sunrise and DTE Energy’s NEXUS. More capacity along Energy Transfer’s recently completed Rover also recently came online. The effect of the three combined has been dramatic. Production volumes have shot up another 1 Bcf (billion cubic feet) in the past month, to over 30 Bcf/d. And get this: While the Appalachian spot price for gas was $1/Mcf (thousand cubic feet) on Oct. 8 ($2 *below* the Henry Hub price), on Oct. 24 the Appalachian price was averaging $3/Mcf! Just 12 cents below Henry. A movement of $2/Mcf! Behold the power of pipelines and why we write about them so much.
EQT Midstream, which is about to be renamed to Equitrans Midstream Corp. in a few weeks, recently issued its third quarter 2018 update (same day that EQT the driller issued its update). As you know, the two are about to split and become two independent companies. As part of the EQT Midstream update, the new midstream company leaders spoke about Mountain Valley Pipeline (MVP), a 303-mile pipeline from West Virginia into southern Virginia. MVP has experienced a lot of setbacks, most of them from a campaign of lawsuits filed by Big Green organizations (like the odious Sierra Club). A new pipeline project related to MVP was mentioned prominently in this week’s quarterly update. The pipeline is called Hammerhead.
On Sept. 10, Energy Transfer’s 24-inch gathering pipeline in Beaver County, PA, called the Revolution Pipeline, caught fire and exploded during testing (see 
A panel discussion at last week’s Shale Insight event focused on a pair of Pennsylvania lawsuits that has the potential (indeed already is) changing the drilling landscape in PA. The first lawsuit discussed was the decision from June 2017–“Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth of Pennsylvania.” PEDF is an anti-fossil fuel group. They convinced the PA Supreme Court to issue a decision that tosses out a decades-old “balancing test” in decisions about drilling and instead said land-use and permitting decisions must now meet standards established by the state’s so-called Environmental Rights Amendment (ERA). The PEDF decision is creating big question marks for drillers and has spawned a flurry of lawsuits to define which standards to use. The second case discussed at Shale Insight was the “Briggs” case that tossed out the rule of capture in PA for shale drilling. Both cases have the potential to greatly limit Marcellus drilling in PA.
In September, MDN told you that Philadelphia Gas Works (PGW), the country’s largest municipal-owned utility company, floated a plan to partner with a private company to build a new LNG export facility at its Passyunk Plant located in south Philly (see 
When shale drilling activity ramps up, the people who are needed to do all those jobs show up. In droves. Some come from out-of-state. Some are local, and some from in-state but not local. Regardless, they all need a place to sleep. A home away from home (if they aren’t local). Increasingly those places are campgrounds. Problem is, there aren’t enough campgrounds for workers to park their RVs. So enterprising farmers in West Virginia are turning some of their acreage into campgrounds, to profit by hosting shale workers. Some establish small campgrounds, with just a handful of (2-4) sites. But beware–there’s a pile of permits required to operate a campground of any size. Some farmers are skipping the permit process, which is NOT recommended.
A group of 13 landowners in Virginia whose property was force taken by Mountain Valley Pipeline (MVP) using eminent domain is appealing a case they already lost in federal court to the U.S. Supreme Court. The landowners claim MVP has taken private land–their land–to use for private/corporate gain and not (as the law requires) taken for a “public” benefit. Eminent domain allows the taking of private land for public benefit, but not taking private land for private benefit. The issue really revolves around the question of, What is a public benefit? Can a private company use government powers because what they provide benefits the public? The big question is, will the Supreme Court, which gets some 8,000 such appeals each year, make this appeal one of the 80 or so they consider?
Columbia Gas of Massachusetts (NiSource) continues to try and recover (physically and reputationally) from a series of explosions in its local delivery pipelines north of Boston in mid-September (see 
For some time we’ve covered the story of MLPs–master limited partnerships–and how they are being phased out. An MLP is an alternative form of organizing a company (or subsidiary company), different from a corporation. The primary purpose of an MLP is for investors, who buy “units” in the MLP instead of shares of stock, so the investor can pay less in taxes. Trump’s tax cut, while benefiting the little guy (yeah!), disadvantages MLPs (boo!). Which has caused many pipeline companies organized as an MLP to give up that form of structure. Meanwhile, new companies are being formed to buy royalty rights–using the MLP structure! So while pipeline companies are dumping the MLP structure, royalty companies are embracing it.