Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court
“The reports of my death have been greatly exaggerated” – Mark Twain (and Constitution Pipeline). Last week it was our duty to report the sad news that the Federal Energy Regulatory Commission found they could not override the New York Dept. of Environmental Conservation’s (DEC) decision (under pressure from the corrupt Andrew Cuomo) to block the Constitution Pipeline (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). FERC found, after an exhaustive investigation, that the DEC had suckered Constitution into refiling a second time, restarting the one-year clock under which NY could render a decision about the pipeline. With four days left on the reset clock, DEC issued a denial of Constitution’s request for a federal water crossing permit (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution went to the U.S. Court of Appeals for the Second Circuit to overturn DEC’s decision, but ultimately failed (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). With FERC refusing to act, we asked the question last week, Is this the death of the $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into NY and New England? We reached out to Williams and MDN was first to report that Williams said they would continue to fight. And so they have! In a statement issued Tuesday, Williams (i.e. Constitution Pipeline) said they have appealed the Second Circuit’s decision to the U.S. Supreme Court (full copy of the appeal below). Williams maintains if the Second Circuit’s decision upholding the corrupt DEC is allowed to stand, it sets a dangerous precedent for rogue states like NY who refuse to obey the strict interpretation of the law. That is, it allows states like NY to simply reinterpret the law any old which way they want. And that can’t stand…
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Anyone with even a passing interest in the natural gas market–either the Marcellus/Utica or elsewhere–knows there is one dominant factor that drives exploration and production: PRICE. The price of natural gas is the tail that wags the entire natgas dog. Low price? Less (or no) drilling, shut-in wells, less leasing–everything is less. High price? Pop the cork on the champagne bottle! When the price goes up and stays up, drillers begin seismic surveys, then leasing, then permits, then drilling. After drilling comes pipelines–both to the well and to market. And businesses tend to gather around points where there is access to natgas (and its byproducts). It’s a virtuous cycle, from upstream (drilling) to midstream (pipelines) to downstream (end users of the gas)–that all starts with price. Who should have an interest in price? Everybody! However, there are some whose jobs and livelihoods depend on price–gas traders, industrial buyers, drillers who need to sell their gas, etc. Those people need a daily update on the price. Who do they turn to? There are several price reporting authorities that monitor trade information for natural gas trading. There is no single price for natural gas–there are hundreds of prices. Gas is traded at trading hubs or points along major pipelines across the country. Each time a trade is done (price requested, price offered or “ask” and “bid”), that valuable information gets recorded and sent to a price recording authority. Each day around 1:30 PM Central Time, NGI gathers up trade information for THAT DAY, trades that have occurred so far at trading points all over the US and Canada, and posts/emails the information to subscribers. It is like getting tomorrow’s prices–the prices everyone else will base their trades on–today! How can you get tomorrow’s prices today? Glad you asked. 
Once upon a time, it was pretty easy for commodities traders (and others) to predict oil and gas production. You just watch the Baker Hughes rig count. When the number of rigs actively drilling goes up, production will follow X months later. And when active rigs go down, production goes down too. But that is no longer the case! Why? Shale wells are producing more over a longer period of time. And the technology used when drilling today is radically different than tech from just a few years ago. Drillers now drill wells faster–much faster–meaning they can use fewer rigs. And frackers are using “hellish” amounts of sand to frack wells, producing ever-more quantities of oil and gas. What it all means is this: If you’re a trader, you can no longer depend on rig counts as your main metric to calculate production. You need new metrics, such as…
Sometimes it’s hard not to grow weary fighting against Big Green and their seemingly endless sources of funding (and a sympathetic mainstream media) when it comes to the issue of fracking. The very word itself, fracking, is a moniker slapped on the industry as a way of implying there’s something dirty and vulgar about what we do. We can’t tell you how many times readers have lectured us to not use that word–fracking. But the word is now entrenched in the public psyche, so we use it. How do we effectively counter the wrong/false statements and arguments used by Big Green and their supporters? Simply using facts and science, to counter the emotional puking that comes from Big Green, is not enough. The United Kingdom is now entering a phase long past here in the U.S. The U.K. is just now beginning to drill and frack its very first wells. There are more than 300 anti-fracking groups in the U.K. and an almost endless barrage of negative press about fracking in the country. The head of communications recently granted an interview to PR Week about how they are countering the opposition there. It’s an excellent interview and gives us some ideas about how we might counter the opposition on this side of the pond…
The Pennsylvania Dept. of Environmental Protection (DEP) has just collected a whopping $1.7 million fine from Energy Corporation of America (ECA) for violations at 17 well sites in Cumberland, Jefferson, and Whiteley Townships in Greene County, and Goshen Township in Clearfield County. ECA’s violations? “Failure to properly contains fluids in onsite pits, unauthorized discharge of industrial waste into groundwater, unauthorized disposal of residual waste, failure to restore the pits and well sites, and operating solid waste storage, treatment, and transfer facilities without permits.” Pretty serious stuff. Essentially, ECA (according to DEP) was sloppy in how they handled flowback and brine, using open pits to store it long after their use was outlawed under new Chapter 78a regulations were adopted. Spills from those pits contaminated a water well of one nearby resident. It’s interesting to MDN that as you read the consent order (full copy below), not only is ECA listed, but also “Greylock Production.” You may recall our news from late last year that ECA reorganized itself under a new name–Greylock Energy–shafting existing shareholders in favor of a new investor, ArcLight Capital (see 
Yesterday our favorite government agency, the U.S. Energy Information Administration (EIA), issued our favorite monthly report, the Drilling Productivity Report (DPR). The DPR is the EIA’s best guess, based on expert data crunchers, as to how much each of the U.S.’s seven major shale plays will produce for both oil and natural gas in the coming month. The numbers are AMAZING. Natgas production continues to be on fire (poor metaphor, but the only thing we can think of)–especially here in the Marcellus/Utica region, which is labeled “Appalachia” in the report. EIA predicts production in the Marcellus/Utica will soar another 377 million cubic feet per day (MMcf/d), which is more than one-third of a billion cubic feet (!), between January and February. Incredible! What’s even more incredible: Marcellus/Utica production, predicted to be 26.8 Bcf/d in February, represents 42% of all shale natural gas production in the U.S. Our region is a MONSTER natural gas producer. Here’s the latest DPR with the amazing news…
Yesterday we brought you the news that the Ohio Dept. of Environmental Protection (OEPA) had made claims, in a letter to the Federal Energy Regulatory Commission (FERC), that Rover Pipeline’s restart of underground horizontal directional drilling (HDD) near the Tuscarawas River had resulted in a second large spill of drilling mud–146,000 gallons (see 
A group of radicalized Catholic nuns whom we refer to as Sisters of the Corn are demanding a trial on the grounds of “religious freedom” in an effort to block Williams’ Atlantic Sunrise Pipeline from crossing their land in Lancaster County, PA. The order of nuns, called Adorers of the Blood of Christ, have tried several strategies to derail Atlantic Sunrise. One of stunts they pulled, in league with a radical Big Green group, is to stick a few wooden park benches in the middle of a corn field that they own (leased to a local farmer), calling it a “chapel” (see 
We’ve written plenty about Mountaineer NGL Storage hub project proposed for Monroe County, OH, located just across the river (and border) from West Virginia (see our 
As part of the Pennsylvania Senate’s misguided and mangled budget bill last year, Republicans managed to slip in fixes to the state Dept. of Environmental Protection’s (DEP) chronic delays in issuing permits related to shale drilling (see 
This story continues to grate on our nerves–the fact that mainstream media is covering up a MAJOR scandal. What scandal? The scandal of Russian LNG banned from the U.S. coming to the U.S. (to Boston) because it was offloaded in the UK and reloaded on a different ship, to “whitewash” the gas (see 
A new “research study” was recently published that, per the usual routine, is generating false headlines that leave a false impression. The study is called “Sustainability of UK shale gas in comparison with other electricity options: Current situation and future scenarios,” published in the so-called journal, Science of The Total Environment. Here’s an example of a headline it’s generating in fake mainstream news: “Shale gas is one of the least sustainable ways to produce electricity, research finds” (Phys.org). We’ve seen that headline or variations of it in a number of publications. The narrative being spun by anti-fossil fuelers in quoting the study is this: “You know how shale gas has taken over as king of producing electricity–well you should ignore all of its benefits (clean burning, less polluting, cheaper) and instead use renewables because shale gas isn’t really sustainable and all that great after all.” That’s the upshot of the study, and the stories about the study. Just one teeny, tiny problem: The “research” is fake. Fraudulent. A heaping pile of doo-doo. The so-called researcher concocted his own biased set of criteria on which to judge various forms of electricity generation sources, and then declared shale gas flunks the test. Once again, fake research based on a twisted, biased worldview that says all fossil fuels are evil…