Industrywide Issues

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    Mountaineer NGL Storage Project Delayed Until 2018

    Mountaineer NGL Storage wants to build a new underground NGL storage facility in Monroe County, Ohio, near Clarington, along the Ohio River (see New Company Announces Open Season for NGL Storage in Ohio Utica). As we reported in April, the company need customers to sign up to use the facility–a minimum of 1 million barrels of storage would get it going (see More Clarity on Status of Mountaineer NGL Storage Facility in OH). Mountaineer still needs to build a 3.25 million barrel brine pond, used to pump out the stored NGLs. Mountaineer is waiting for a clearance from the Ohio Dept. of Natural Resources to build the pond, which (in June) we said would likely to take “a few more months.” Strike that. The CEO of the project recently said he now does not expect to get those permits until “first or second quarter of next year.” He hastens to add that’s no problem, because his two biggest potential customers–the Shell ethane cracker in Beaver County, PA and the closer-by PTT Global Chemical cracker in Belmont County, OH, won’t be ready to start using ethane until 2020 at the earliest…
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    PA AG Criminal Lawsuit Against XTO Energy Dismissed After 4 Yrs

    Four years after then-Pennsylvania Attorney General Kathleen Kane decided to turn an accident into a criminal prosecution against XTO Energy, the final chapter has been written. Anti-drilling Kane attempted to criminalize the accidental spill of a small amount of recycled wastewater by XTO that happened years before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). There was an accidental spill of ~50,000 gallons of frack wastewater at an XTO drill site in 2010 in Lycoming County, PA. XTO remediated the site, digging up affected soil, and paid out a $100,000 settlement in 2013. By the time Kane took office, the matter had been over and done for over two years. But Kane wanted/needed a quick way to make a splash with her hardcore left fringe supporters (payback time for money and volunteers), so she re-opened the case and fantastically filed criminal charges saying XTO showed a pattern of brazen disregard for safety, blah blah blah. In 2013, XTO filed to dismiss the Kane lawsuit (see XTO Energy Files to Have AG Kane’s Lawsuit Dismissed). The federal EPA also got into the act and last year XTO settled a violation of the Clean Streams Law and Solid Waste Management Act. Pricetag? Another $300,000. Now that the company has paid out the nose ($400,000 total), U.S. Middle District Judge Matthew Brann yesterday approved a motion filed by the U.S. attorney’s office to end the case. Finally. After four years…
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    200+ Binghamton-Area Residents Sign Petition Supporting Virtual Pipe

    Who knew there was ANYBODY who supported a virtual pipeline project in Broome County, NY?! As MDN recently reported, a Broome County judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–called a “virtual pipeline” (see Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again). The judge’s ruling delays the project for months at least. NG must now resubmit the project for approval by the Fenton Planning Board. Before doing that, NG must first conduct a full environmental impact study and an aquifer study. Even with environmental studies, don’t expect the locals, who appear to have very closed minds, to accept the outcome. Travel around the community where the project is slated to be built and almost every home within a mile has a “NO COMPRESSOR STATION” sign. Read local news coverage of the issue and you come to the conclusion there isn’t a single soul in the county (apart from MDN editor Jim Willis) who supports the project. NG is out to counter that media narrative. NG has just launched a petition to support the project. And guess what? Already over 200 local residents have signed it. Yeah, there’s likely at least that many against it, but the point is this is not a one-sided issue. People in the community are starting to speak up in support of the project. If you live in the general vicinity, here’s how you can sign the petition…
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    OH, WV Landowners Sue Antero re Post-Production Royalty Deductions

    Lawsuits filed against Antero Resources in both Ohio and West Virginia seek class action status. Both lawsuits make similar claims: Namely that Antero has improperly deducted post-production expenses from royalty checks (not allowed under lease terms), and that Antero has avoided, with creative accounting, paying royalties on natural gas liquids (NGLs) produced. The OH lawsuit was first filed in January of this year, followed by a lawsuit filed in WV in May. We have copies of both complaints below, so you can read the language for yourself. In the case of the OH lawsuit, Antero filed a motion to dismiss. The landowners amended the complaint and Antero dropped their motion to dismiss. The OH lawsuit, and as near as we can tell, the WV lawsuit, are both moving forward. Here’s our summary of both lawsuits–the MDN Cliffs Notes version…
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    PA Gov Wolf Offered Deal in ’15 to Open Dela. River Basin Drilling

    Here’s a surprise: Big Green mouthpiece PBS StateImpact Pennsylvania is dishing some dirt on one of their own–PA Gov. Tom Wolf. We’ve been closely following the developing situation with the Delaware River Basin Commission (DRBC) finally coming out of the closet as an extended arm of radical Big Green group Delaware Riverkeeper. The DRBC will vote (today) on beginning the process to permanently ban fracking in the Delaware River Basin (DRB), which will prevent landowners in Wayne and Pike counties (PA) from accessing the bountiful shale gas under their land (see our article yesterday, DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The DRBC is composed of five voting members: the governors of NY, PA, DE, NJ and the U.S. Army Corps of Engineers. A final new regulation that permanently bans fracking would need those five votes. According to an article published yesterday by StateImpact PA, in a 2015 meeting with Wayne County landowners who support fracking, Gov. Wolf offered to work on opening up the DRB for fracking–IF the landowner group in Wayne County would support his push for a severance tax in return. People at the meeting said, “it almost felt like a bribe.” Maybe because it *was* a bribe! A political bribe. Fortunately the landowners from Wayne didn’t take the bait, they did not support his loony tunes severance tax plan. So now it’s payback time, with Wolf signaling he will vote for a permanent ban on fracking…
    Read More “PA Gov Wolf Offered Deal in ’15 to Open Dela. River Basin Drilling”

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    Lawyers ask US Supreme Court to Hear WV EQT Royalty Case

    WV Supreme Court Justice Beth Walker

    In a decision that thrilled drillers, but angered landowners, the West Virginia Supreme Court decided in May to overturn its own previous decision (from last December) and allow driller EQT to deduct post-production expenses from royalty payments (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). Last December MDN reported on the huge WV Supreme Court decision against driller EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties). The justices, in their ruling, said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” A really big deal. Then in February, with a brand new justice on the bench, the WV Supreme Court agreed to rehear the case after an appeal filed by EQT–a rare and unusual step (see EQT Catches Big Break in WV Supreme Court re Royalty Deductions). Those who won the case say newly elected Supreme Court Justice Elizabeth Walker had conflicts of interest and should not have been allowed to vote to rehear the case in the first place (which she did). On that basis, they tried to avoid the rehearing altogether, but that failed. As it turns out, the lawyers mainly argued over the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). In the May decision, the justices reversed their earlier decision, voting 4-1 in favor of allowing EQT to deduct “reasonable” post-production expenses. Newly elected Justice Beth Walker, with (according to the other side) conflicts of interest, voted in favor of EQT. On the basis that Walker should not have been part of the process at all, lawyers for the losing landowners have appealed the case all the way to the United States Supreme Court…
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    Shale Crescent’s Ambitious Plan to Bring 100K Jobs to Mid-Ohio Valley

    In June 2016, MDN told you about an economic development group of business and government leaders from Ohio and West Virginia (the Mid-Ohio Valley) called Shale Crescent (see Group Promotes Mid-Ohio Valley for Petrochem: Shale Crescent USA). The group was two years in the making and officially launched in June at a public event in Washington County, OH. The aim of the group is to attract manufacturers–particularly petrochemical manufacturers–to set up shop in the region. It didn’t take long for the fledgling organization to begin having an impact. Within months it was talking to large petchem companies with “household names” about building plants in the Mid-Ohio Valley region to take advantage of cheap Marcellus/Utica Shale gas and NGLs (see Shale Crescent Luring Petchem Companies to Mid-Ohio Valley). Shale Crescent continues to impress. The organization has an ambitious plan to lure 100,000 new jobs to the Mid-Ohio Valley over the next eight years…
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    It’s Time to Start Drilling, Fracking & Piping in…New Jersey?!

    Will fracking come to New Jersey? We asked that question back in 2013 (see Will Fracking Come to…New Jersey?!). At the time we pointed out the Marcellus/Utica only marginally touches the border of NJ, but that another rock layer called the Newark Basin underlies most of the state. We cautioned folks not to hold their breath, with good reason. There’s been zero talk about drilling in NJ since that time. However, there’s been plenty of talk about building pipelines to carry PA’s fracked Marcellus gas into the Garden State. What got us to thinking about fracking in NJ was an opinion article published yesterday by TV and radio personality Bill Spadea–a conservative Republican who lives and works in NJ (qualifies him as a missionary, in our book). Spadea makes a strong case that if NJ wants to fix its perpetual budget mess (huge state debts), there is a way–by encouraging (yes) fracking, and off-shore drilling, and more pipelines into and through the state. If NJ takes his advice, it would “Make New Jersey great again”…
    Read More “It’s Time to Start Drilling, Fracking & Piping in…New Jersey?!”

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    MDN’s Prayer for North Carolina Clergy Who Pray Against Pipeline

    We spotted an article that says clergy and lay people from the United Church of Christ in Robeson County, North Carolina will hold a prayer vigil today. A liberal pastor has decided to show up at the state Department of Environmental Quality (DEQ) to pray against approval for Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. The DEQ is scheduled to announce a decision about granting the project a necessary permit, at a meeting on Sept. 19th. Which got us to thinking. Perhaps we should pray for the pastor and lay people who will show up to pray today. Here’s our prayer…
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    NY Court Tells Exxon to Turn Over Records to Corrupt AG

    Bruce Plante Cartoon

    New York’s highest court, the Court of Appeals, has just ruled that the New York State Attorney General, Eric Schneiderman, has the right to demand documents in a court case that accuses Exxon of hiding internal research that shows burning oil and gas leads to catastrophic, man-made global warming. Schiederman has been on a witch hunt for more than year. Schneiderman himself is accused of secretly (illegally) colluding with Big Green groups in targeting Exxon. Schneiderman has been subpoenaed and told to turn over emails and other records, and he has refused to do so (see NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt). Yet Schneiderman demands Exxon turn over records for his fishing expedition. The man is a menace–and a putz. Unfortunately New York’s high court appears to be corrupt too–witness their decision to uphold local frack bans (see Shale Drilling in NY is Over – High Court Upholds Town Bans). Now the high court says Exxon must comply (like a Borg drone) with Schneiderman’s request. Our advice to Exxon: Pull a Hillary and say the emails got deleted from a private server. Hey, it worked for her!…
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    French Schizo: Ban Gas Drilling; Gas Bridge to Renewable Future

    MDN editor Jim Willis had the pleasure of visiting France in 2006. It is a breathtakingly beautiful country. Jim found the French people to be personable and easy to deal with, contrary to the popular myth they are arrogant and hate Americans. But hey, that was just one guy’s experience. Maybe you have had a different experience? We’ve written about France’s on again, off again frack ban over the years (see our stories about France here). You don’t have to worry about whether or not France will ever allow fracking. Beginning this fall, the country will stop issuing ANY/ALL permits to drill for ANY/ALL oil and gas–conventional, shale, doesn’t matter (see France Commits Energy Suicide – No New Oil & Gas Exploration, Ever). France says it will transition to “environmentally-friendly energy.” You know, like solar and wind–even though discarded solar panels are about the same thing as disposing of nuclear waste (an ecological disaster). But appearances are everything for French President Emmanuel Macron and his certifiably-insane government. France (as of 2013, the most recent stats we could find) gets 44.5% of its energy from oil and gas, the single largest block of energy powering the country. Nuclear is second, at 41%. Wind and solar? Together they make up less than 1% of France’s energy supply. Here’s another bit of evidence that France is schizophrenic when it comes to energy: Recently the French international association for gas, CEDIGAZ, released a report (copy below) that predicts worldwide natural gas use will rise 1.6% per year from 2014-2035, outstripping all other forms of energy, renewable or not. CEDIGAZ also says natural gas and LNG are “a key transition fuel” to the renewable, sustainable nirvana that awaits us in the future. And yet France is banning all oil and gas drilling–eliminating the bridge to that future. How do you reconcile that?…
    Read More “French Schizo: Ban Gas Drilling; Gas Bridge to Renewable Future”

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    The Totalitarianism of Environmentalism

    We recently spotted an article written by Marian L. Tupy, editor of HumanProgress.org and a senior policy analyst at the Center for Global Liberty and Prosperity. He specializes in “globalization and global well-being, and the political economy of Europe and sub-Saharan Africa.” He’s a smart guy–and a policy wonk. Tupy had an interesting experience when he gave a speech to college students in Ottawa, Canada. Somebody in the audience asked Tupy a question about climate change (i.e. man-made global warming). Tupy, who considers himself a “lukewarmer” (someone who thinks man may contribute to global warming, but the jury is still out on how much), cautioned the students against excessive alarmism when it comes to climate change. Until that point the students in the crowd were Tupy fans. But when Tupy had the temerity to suggest perhaps we ought to look more closely at the science before jumping to conclusions, they turned on him in an instant–like an angry mob. Which is illustrative, and disheartening. It’s disheartening that many of our college students have been mis-educated–we’d call it brainwashed–into denying science and the scientific process. Because students today have not studied and do not understand history–recent history of the past 70-80 years–they are repeating it, eagerly rushing into totalitarianism under the guise of environmentalism…
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    PA Issues Final Permit for Atlantic Sunrise, Construction Sept 20

    Atlantic Sunrise Pipeline is primed and ready to begin construction after receiving its very last required permit from Pennsylvania–an Air Quality Plan Approval for air emissions related to construction activities in Lancaster County. The PA Dept. of Environmental Protection (DEP) issued the Air Quality permit last Friday. You may recall Atlantic Sunrise, a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County, received water crossing permits from the DEP and U.S. Army Corps of Engineers a few weeks ago (see Atlantic Sunrise Pipe Gets Water Permits from Army Corps, PA DEP). In August the DEP held a public hearing in Lancaster to accept public comment on the air permit. A small group of anti-pipeline protesters acted like petulant 5-year olds and walked out of the hearing (see Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing). No matter. Their antics didn’t affect the DEP. According to Williams, the builder of the pipeline, they now await an order from the Federal Energy Regulatory Commission (FERC) to begin construction. They expect to receive that order any day now. They hope (and expect) to begin construction next Wednesday, Sept. 20th…
    Read More “PA Issues Final Permit for Atlantic Sunrise, Construction Sept 20”

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    DRBC Votes Tomorrow on Permanent Frack Ban Resolution

    Turns out the rumors were true. The Delaware River Basin Commission has now been totally corrupted by Big Green groups and plans to vote tomorrow, Sept. 13, on a resolution that begins the process of implementing a permanent ban on fracking in the Delaware River Basin. This is not the end, but the beginning of the end, of any hope for landowners in Wayne and Pike counties in PA. Their property rights will (like those of us who live in New York) be stripped away. Except in Wayne and Pike, it will be a permanent stripping away. At least in NY we have the hope of one day ejecting Lord Cuomo from office and reversing the ongoing moratorium. However, even though this should be a total win for radicals like THE Delaware Riverkeeper (aka Maya van Rossum), the radicals are STILL not happy! Can you believe it?! Part of the proposed resolution and rulemaking to follow will consider allowing frack wastewater disposal within the DRBC’s fiefdom. That just can’t stand according to Maya and her rad pals. Here’s the DRBC announcement, news coverage of it (with quotes from radical groups), along with a copy of the proposed resolution that will be voted on tomorrow…
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    XNG Virtual Pipe Delivering 50 MMcf/d of PA NatGas to NY Pipeline

    Iroquois Gas Transmission is not waiting for the Constitution Pipeline to get built–they’ve found a way around it. At least for some of the supply they hopped to get from the Constitution. Iroquois is a 416-mile interstate natural gas pipeline extending from the U.S.-Canadian border at Waddington, NY, through New York State and western Connecticut to a terminus in Commack, NY (Long Island), and from Huntington (on Long Island) to the Bronx, NY. It is an important pipeline in the Empire State. Iroquois was in line to receive some of the 650 million cubic feet per day (MMcf/d) of natural gas the Constitution would flow from northeast PA to Schoharie County, NY, where the Constitution would connect to both the Iroquois and Tennessee Gas Pipeline. We’re not sure how much of the 650 MMcf/d Iroquois was supposed to get, but right now and for the foreseeable future, they’re getting nothing, thanks to a corrupt governor who has corrupted New York’s environmental agency which has denied the Constitution a necessary permit to build. Iroquois has found a way to replace at least some of that volume–by trucking it in. That is, a “virtual pipeline” which is now feeding the Iroquois, and in-the-ground pipeline. Usually it’s the other way around! Iroquois is getting up to 50 MMcf/d from Xpress Natural Gas (XNG), which is trucking the gas from a facility in northeastern PA (Susquehanna County). Here’s a story you’ll read first (perhaps only) on MDN–of how a virtual pipeline is now feeding an interstate pipeline in New York State with fracked gas from Pennsylvania…
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    Penn Hills, PA Grudgingly Votes 5-0 to Allow H&H Seismic Testing

    What a difference two months–and the very real threat of a lawsuit–can make. At the end of July Penn Hills (in Allegheny County, near Pittsburgh) voted to ban seismic testing in their community as a symbolic action “meant to send a message to companies that the municipality is against oil and gas activities on Penn Hills property.” Driller Huntley & Huntley has hired Texas-based Geokinetics to conduct seismic testing in the region and had wanted to conduct testing on 37 municipal-owned properties in Penn Hills, about 390 acres total. But Penn Hills resisted. So H&H’s attorneys at Steptoe & Johnson sent a “we’ll sue your rear-ends” letter and that got the attention of the symbolizers. Last night another vote was taken. This time it was 5 to 0 in favor of allowing seismic testing after all. The mayor (grumbling) said the municipality did it’s best to resist…
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