Industrywide Issues

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    US Forest Service Gets Tough on Illegal MVP Pole Sitting Protester

    polecat

    The kooky antis who are trying to stop the Mountain Valley Pipeline (MVP) in the Jefferson National Forest are a gift that keeps on giving. On Monday MDN told you that some of the antis (movement people, from other states/areas) had erected a pole in the middle of a gravel road in the Forest–a road MVP construction equipment uses–and that an anti had scampered up to the top of the 50-foot pole (suspended with ropes) and is living in a platform at the top of the pole (see One MVP Radical Protester Arrested, Another Goes Up a Pole). Other antis, some movement people, some local, are sitting nearby in magic tree houses in a couple of trees. Unfortunately a judge refuses to allow law enforcement to forcibly remove those in the magic tree houses (see WV Judge Refuses to Eject Tree Sitters Blocking Pipeline Work). The tree (and pole) sitters are getting on the nerves of the U.S. Forest Service. According to a Facebook page maintained by the radicals, the Forest Service has blocked volunteers from sending food and water up the illegal pole to the person at the top. They’re also shining bright lights on the top of the pole 24/7. There’s more than one way to make them leave! We also have updated comments from one of the tree sitters–Grandma Red, a 61 year-old woman who recently climbed up to one of the magic tree houses–who says she’s “swinging in the wind.” You got that right, Grandma…
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    Monroeville Continues to Block Seismic Testing to Prevent Drilling

    Monroeville, PA (Allegheny County, suburb of Pittsburgh) is hostile toward the shale industry. In September, Monroeville Council voted to enact a super-restrictive seismic testing ordinance (see Monroeville, PA Passes Restrictive Seismic Testing Ordinance). The ordinance is meant to hassle Huntley & Huntley (H&H), which wants to conduct seismic testing in two rural areas of the municipality (for potential drilling in a neighboring municipality). In October, the contractor hired to do the seismic work for H&H, Geokinetics, took Monroeville Council to court over their punitive seismic ordinance (see Monroeville Seismic Testing Ordinance Challenged in Court). Both sides compromised and in November settled the case, which Monroeville Council voted to accept in December (see Monroeville Council Approves Seismic Testing Court Settlement). That should be the end of the story, right? Wrong. Monroeville has continued their harassment by asking a court to immediately suspend the testing because (they claim) Geokinetics did not give proper notification to residents that the testing was happening. This is nothing more than a transparent attempt to prevent future drilling by slowing, or stopping, H&H’s ability to get an accurate picture of the best places are to drill a Marcellus well. Fortunately Geokinetics just finished the testing, so Monroeville’s pathetic attempt to stop it is now moot…
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    ME1 Pipeline Shutdown in M-U Causing Propane Prices in TX to Drop

    Propane is one of the NGLs (natural gas liquids) that come out of the ground along with natural gas and oil–especially in “wet gas” areas like southwestern PA, eastern OH, and the northern panhandle area of WV. Ethane and propane have been flowing through the converted Mariner East 1 (ME1) pipeline for more than year–hauling propane (and ethane) from southwest PA all the way to the Marcus Hook refinery near Philadelphia. At Marcus Hook, the propane is loaded onto ships and sent around the world. The world is an important market for our propane. However, ME1 was suddenly switched off on March 3 by order of the Pennsylvania Public Utility Commission (PUC) after a sinkhole opened up under the pipeline, exposing some of the bare steel to the open air (see PA PUC Shuts Down Mariner 1 Pipeline Due to Mariner 2 Sinkhole). Sunoco Logistics Partners, the owner of ME1, is building a new set of pipelines called Mariner East 2 (ME2) close to the existing ME1. ME2 will also haul ethane and propane to Marcus Hook, greatly expanding capacity. As part of their construction work in Chester County, several sinkholes developed leading to the shutdown of ME1. You might think if the supply of propane suddenly stops, prices would go up. But that’s not what happened. Because the propane ME1 was hauling to Marcus Hook was exported, that supply is now staying here at home. The effect has been to drive DOWN the cost of propane–in Texas!…
    Read More “ME1 Pipeline Shutdown in M-U Causing Propane Prices in TX to Drop”

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    2nd Commissioning Cargo Now Being Loaded at Cove Point LNG

    Gemmata returns to Cove Point

    Yesterday our favorite government agency, the U.S. Energy Information Administration, issued its weekly Natural Gas Update report. In one of the short bullet point notes we learned important new information about the Cove Point LNG export facility. We learned that the next ship to arrive and load up at the facility will NOT be the Patris, as we were led to believe (see Cove Point LNG Gets Ready to Ship First Marcellus Molecules in Apr). Instead, the first ship that loaded molecules at the facility, the Gemmata, has returned and is (as you read this) loading a “second commissioning cargo.” Which takes some explanation. The first commissioning cargo was gas brought to the facility by an LNG tanker and unloaded, regasified, and then put through liquefaction again–in order to test the facility. That first cargo was natural gas from Nigeria, brought in by Shell. And Shell shipped out the first commissioning cargo on the Gemmata on March 1 (see Cove Point Ships First LNG Cargo – But Not M-U Gas). This is the second commissioning cargo–so apparently the ship that brought in the original Nigerian gas was bigger than the Gemmata. The Gemmata unloaded its shipment of Nigerian gas in the UK, turned around and came back, docking at the facility on Tuesday of this week. Yes, the Patris is still on the way to Cove Point and will dock on April 9, next Monday, and will begin loading the first batch of Marcellus molecules…
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    DRBC: We’ll Make You Guess When We’re Going to Adopt Frack Ban

    In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The final ban language/regulation was dropped like a bomb by DRBC staff on Nov. 30 (see DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January). The DRBC announced they would allow public comment through Feb. 28, later extended to Mar. 30 (see DRBC Schedules More Freak Shows on Proposed Frack Ban Regulation). The DRBC received 8,687 comments online and 227 oral comments at the hearings. So what happens now? According to an update issued yesterday, the DRBC said, “There is no set schedule for a vote by the Commissioners to adopt final rules. As always, the Commission may adopt final rules only at a duly-noticed public meeting.” All of the DRBC’s public meetings are ” duly noticed”–meaning the DRBC provides public notice ahead of time. The next public meeting to be held is May 16. Could the DRBC simply vote at that meeting to adopt these illegal ban regulations? Sure. And then again, maybe they won’t. You just don’t know. Apparently the DRBC wants to keep everyone guessing…
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    MarkWest Building 6 New Processing Plants, 3 Fractionators in 2018

    Attendees at yesterday’s Utica Midstream conference at Walsh University in North Canton, Ohio got an earful about pipelines and processing plants. Perhaps the biggest news coming from the event (for us, anyway), is that MarkWest Energy, now part of Marathon Petroleum, plans to build another six natural gas processing plants and another three fractionation plants in the Marcellus/Utica THIS YEAR. MarkWest plans to spend a whopping $2 billion in the region this year! That’s in addition to building two new processing plants and three fractionation plants last year. A processing plant accepts raw hydrocarbons coming out of shale wells and separates out the methane from everything else–“cleaning up” the methane so it’s pipeline-ready. Fractionation takes what’s left after the methane is removed and separates those other hydrocarbons into their discrete molecules–ethane, propane, pentane, butane, etc. According to MarkWest, M-U moving butane to new markets will be a major focus this year. We also learn that MarkWest’s Sherwood facility (in WV) is now the fourth largest gas processing plant in the U.S.–and by the end of this year, it will be #1! In addition to MarkWest, there were a number of other top notch speakers at yesterday’s event, including Rick Simmers from the Ohio Dept. of Natural Resources. Rick mentioned in passing there’s a shale well pad in southeast Ohio with a whopping 28 wells on it. Below is a summary of what was said at yesterday’s event…
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    Exposing PA Gov. Wolf’s Lies – He is No Friend of the Marcellus

    The gloves have finally come off. Typically the Marcellus industry, as represented by the Marcellus Shale Coalition, has used restrained language when talking about Pennsylvania Gov. Tom Wolf. Hey, the industry has to work with the guy because the state Dept. of Environmental Protection (DEP)–the agency that regulates shale drilling–is part of the executive branch (under Wolf’s thumb). The industry often can’t say what it really thinks. No more. Wolf, who pretends to be a friend of the Marcellus industry and mouths words of support, recently launched a vicious, lying attack against the industry over the severance tax issue (as part of his re-election campaign). The gloves are now off and the MSC is punching back. MSC president Dave Spigelmyer published an editorial in today’s Philadelphia Inquirer pointing out the difference between Wolf’s words and his deeds. In a bout of political schizophrenia (some would say hypocrisy), Wolf says shale gas in PA represents “enormous economic opportunity.” He then turns around and claims high-paid Marcellus lobbyists have spread money around Harrisburg like candy, bribing legislators to block a severance tax. What Wolf doesn’t tell you is that he himself has received millions of dollars from the teacher’s unions he’s promised to give severance tax money to…
    Read More “Exposing PA Gov. Wolf’s Lies – He is No Friend of the Marcellus”

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    Report: The State of Natural Gas in Pennsylvania

    The Commonwealth Foundation is Pennsylvania’s premier free-market think tank. The aim of the Foundation is to “transform free-market ideas into public policies so all Pennsylvanians can flourish.” We’ve highlighted their excellent work over the years. They’ve just done it again. The Commonwealth Foundation has just published a report called “The State of Natural Gas in Pennsylvania” (full copy below). The opening begins this way: “Pennsylvania’s regulatory and tax environment is stunting job growth and deterring investment. A decade after the Marcellus Shale boom, lawmakers are still debating how to tax the industry instead of fixing the policies contributing to Pennsylvania’s increasingly uncompetitive energy market.” At the end of the report the Foundation shows a severance tax comparison of existing severance taxes in other states that PA competes against, like Ohio, West Virginia, Texas, Colorado, and Oklahoma. The chart shows that the existing impact fee (in essence a severance tax) runs around 1.1%. The severance tax in Ohio is running around 0.7%, and in West Virginia 3.5%. In places like Texas, which increasingly competes against PA with prodigious quantities of natural gas production, the severance tax is 4.2%. However, Gov. Wolf’s proposed severance tax would be 5%–the highest in the nation except for New Mexico’s 7.9% (which doesn’t compete with PA). The report shows how PA is restricting Marcellus activity with over-regulation and a high corporate income tax…
    Read More “Report: The State of Natural Gas in Pennsylvania”

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    PA “Rule of Capture” Case has Power to Limit Marcellus Drilling

    As we indicated in our post yesterday, the Pennsylvania Superior Court has handed down a decision that has the power to greatly restrict, even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well). This is a legal issue–and MDN is not written by a lawyer. Hence our earlier misreading of the importance and facts in the Superior Court decision. The issue, in brief, is that Monday’s court decision disallows using an age-old principle called the rule of capture, which we previously described. The rule of capture works for conventional drilling where underground deposits of oil and gas are in pools and the pool may exist underneath multiple surface property owners. Whoever gets there first and sucks the oil/gas out, wins. That’s the rule of capture in a nutshell. And it makes sense. You can’t be held responsible for oil and gas moving from one place to another as it’s extracted. And who knows how much of the pool is located under your property, or your neighbor’s property? The Superior Court justices ruled that the rule of capture doesn’t work for hydraulic fracturing because gas (and oil) trapped in shale rock does not freely move from one place to another as it does in a pool. The judges say the gas would “stay forever” where it is without fracking. In the case of Briggs v. Southwestern Energy, the Briggs family (in Susquehanna County, PA) alleges that when Southwestern drilled and fracked on the Briggs’ neighbor, the fracking was done close enough to their property that some of the gas located under their property (unleased) was released and extracted through the Southwestern well–a “trepass.” Southwestern countered that IF such a “trespass” took place, it falls under the rule of capture. The ultimate issue boils down to this: How far do fractures extend from a lateral well? An expert energy attorney told MDN off the record that Monday’s decision “could change the entire Pennsylvania shale industry” in two important ways…
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    Shell Ethane Pipeline Hearing Draws Few Supporters, Many Antis

    Click for larger version

    Last night the first of three public hearings held by the Pennsylvania Dept. of Environmental Protection for the planned Shell Falcon Ethane Pipeline project was held in Monaca (Beaver County), PA. About 100 people turned up for the hearing, which lasted an hour and a half. No signs allowed. The only people who could speak had to register first. Of the 23 who did speak, 16 of them (including out-of-town movement antis) spoke against the project, while 7 people spoke in favor. The 97-mile Falcon Ethane Pipeline system has two “legs” that will feed Shell’s mighty ethane cracker plant. Shell is not using eminent domain for any of its leases for the pipeline. Every lease is negotiated and signed with individual landowners. Antis, in large part being organized and agitated by radical groups like FracTracker Alliance, are making a concerted effort to block the pipeline, hoping they can in turn stop the multi-billion dollar cracker plant currently under construction by blocking the pipeline that feeds it…
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    Atlantic Coast Pipe Wants 150 NC Workers, $25/Hr + Free Training

    Atlantic Coast Pipeline, the $6.5 billion Dominion Energy/Duke Energy pipeline from West Virginia through Virginia and into North Carolina has had a few setbacks, but that isn’t stopping construction on the pipeline–in all three states where it runs. On Monday we reported on the latest setback–news that the Federal Energy Regulatory Commission is refusing to extend tree cutting season for the pipeline (see FERC Won’t Extend Atlantic Coast Pipeline Tree Cutting Deadline). According to Dominion, FERC’s decision will not delay the late 2019 start date for the project. In the meantime, there’s work to be done! One of the places where work needs to get done is North Carolina. We spotted a story from NC that says Dominion and Duke are offering to train “more than 150 people” at Nash Community College, and then put them to work building the pipeline, for $19/hour plus $45/day, which we calculate to be a total compensation package of $24.63 per hour. Details below on how to apply for the jobs and get in on the free college training…
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    VA Tree Sitting Continues in Failed Attempt to Stop MV Pipeline

    Here’s the latest update in the ongoing story of “protesters” who are trying to stop progress in cutting trees for the Mountain Valley Pipeline (MVP), which will run from West Virginia into Virginia. We previously reported on illegal tree-sitters that judges and law enforcement refuse to remove (see WV Judge Refuses to Eject Tree Sitters Blocking Pipeline Work). The latest to join the tree sitting movement is a 61 year-old woman who calls herself “Red” and claims her family has owned land in the area for seven generations. When MVP workers began removing a ladder on the tree where Grandma Red planned to sit, she began screaming like a petulant three year-old child. Her histrionics got them to stop. She subsequently climbed the ladder and is still perched up a tree. The bald truth of the matter is this: Regardless of this nonsensical display by (a) misguided locals like Grandma Red, and (b) movement anti fossil-fuel radicals, MVP is in the process of getting built and will be completed. Tree sitting protesters are not going to stop it. So let’s grab some popcorn and enjoy the show in the meantime!…
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    Meaningless Poll Questions Yield Meaningless Results re PA Fracking

    This is how it works in biased, fake news land: You make up unspecific, wide-open questions that nobody really understands, and then biased, liberal media outlets interpret the “data” the way they want–to fit the predetermined media narrative. That’s what has just happened with meaningless poll questions from Franklin & Marshall College with respect to natural gas drilling in PA. We read through the questions they asked and thought, “What do some of these questions even mean?” The average citizen being asked these questions will assume and “read into” the questions what they *think* (but aren’t sure) is being asked, and answer the questions accordingly. In the end, it’s nonsensical. Meaningless. Fake. Then the lib machine kicks in to “report” that PA citizens, while still supporting drilling by a razor thin margin, actually think Marcellus drilling is bad for the environment. The latest media narrative is born: PA citizens are turning against gas drilling…
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    WV Royalty Transparency Law Sheds New Light Beginning June

    Back in January MDN told you about West Virginia House Bill (HB) 4270, a bill that provides more transparency for landowners on their royalty statements (see WV Co-Tenancy, Royalty Transparency Bills Make Progress). The good news is that the bill passed and was signed into law by Gov. Jim Justice on March 27th. For far too long royalty statements have been loosey-goosey. Landowners (technically royalty owners) get no specifics on how much gas (or other hydrocarbons) were produced, what deductions were made, and why those deductions were made. HB 4270, which goes into effect on June 8, will fix all that. Here’s more details on what is being called the “Check Stub Bill”…
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    WV DEP Launches Information Website for Major Pipeline Projects

    You’ve got questions about major pipeline projects planned or under construction in West Virginia? The WV Dept. of Environmental Protection has answers. WVDEP has just launched a website to help residents learn more about five major interstate natural gas pipeline projects: Atlantic Coast Pipeline, Mountain Valley Pipeline, Mountaineer Gas Eastern Panhandle Expansion Project, Mountaineer Xpress Pipeline, and Rover Pipeline. The website includes maps of pipeline routes, a searchable database for information such as inspection and enforcement actions and permit modifications, public hearing transcripts, and news releases. It’s all in there! Head on over to this page to get your questions answered…
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    PA Superior Court Overturns “Rule of Capture” for Marcellus Well

    STOP PRESS: Shortly after this post was published, a MDN reader (an energy attorney) called us to alert us that our initial take on this case is not right. The case is NOT about a company stretching a lateral too far so that it trespasses under an adjoining property. Instead, the case is about the “zone of fracking”–that is, that fracking, by its nature, creates cracks that may open up and drain some of the gas under a neighboring property–even though the fracking was done properly within the boundaries of the leased property. The case (ominously) says that fracking itself can cause a trespass. Our attorney friend said this case has the potential to negatively affect Marcellus drilling in PA–in a BIG way. We will write another post on this issue tomorrow. In the meantime, just be aware that our initial take below is not correct. – Jim Willis, Editor

    The Pennsylvania Superior Court handed down an important decision yesterday that impacts both Marcellus landowners and drillers. The decision removes “rule of capture” as a way for shale drillers to drill under adjoining neighbors who haven’t specifically leased their property for drilling. The rule of capture came about with conventional (vertical only) drilling, cases in which a pool of oil or natural gas exists that runs underneath the property owned by multiple surface owners (see the image to the left). The rule of capture principle says “the first person to capture a natural resource owns that resource.” If you put a well or two or three on your property to extract the oil/gas, if it flows from the neighbor’s side to your side and up the well, it’s yours. Same for your neighbor. He/she can grab the oil and gas under your property if the pool exists under both. The principle originated in England (it’s a very old principle). However, Southwestern Energy tried to use the rule of capture principle to drill under property not leased for drilling that sits next to property that is leased–claiming the rule of capture. The molecules in shale are a whole other story than molecules sitting in a common pool. That’s what the Superiors ruled. Southwestern (and by extension, other Marcellus drillers) can’t simply extend a lateral well a few hundred feet under an un-leased neighbor, which certainly makes sense to us…
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