Guest Post: An Opposing View of PA’s Severance Tax “Mess”

You know how MDN feels about a new/extra severance tax in Pennsylvania–we’re dead set against it. We have been from the beginning. We think the impact fee (i.e. tax) is doing just fine, having raised over $1 billion in revenue from 2013 to 2017 (assuming the Independent Fiscal Office’s 2017 projections are accurate). The best part of the impact fee is that 60% of it stays local–in counties where drilling happens–instead of going to the black hole of Harrisburg overspending. However, there are Republicans in the state legislature addicted to spending, just like Democrats, and they continue to lobby for a new severance tax, to be placed on top of the existing impact fee. As we saw yesterday, PA’s rig count has been static to slightly down all year long (see Marcellus/Utica Rig Count Race Tightens: OH Count Closes in on PA). Does PA want to drive even more business out of the state and into neighboring Ohio and West Virginia? That, in our humble opinion, is exactly what a severance tax will do. Although, MDN doesn’t play favorites, we love all our state children equally! We don’t want PA to make a serious mistake. However, there are opposing opinions on the severance tax issue from people we respect. One of those people is Dan Markind, a partner with law firm Weir & Partners. Dan writes a regular email newsletter covering the Marcellus Shale in PA. Last week he wrote about the budget negotiation collapse and the (admitted) debacle of House Republicans clutching at alternative straws–first a warehouse tax and then a hotel tax–anything but a severance tax. Dan believes the shale industry in PA has alienated other industries, and has boxed itself into a corner by not accepting some form of a severance tax. We disagree with Dan’s view on this matter–but his view is shared by many. Which is why we bring you his email newsletter from last week (with his permission), to present an alternative view on the severance tax issue…
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Yesterday Utica Summit V was held in North Canton, OH. MDN could not, unfortunately, attend. But others did and the reports we’re reading indicate it was another great event. Two major news items of interest came from the event. The first was the results of a recent economic study that show an amazing $54.7 billion has been invested in the Utica Shale play from 2012-2016, across upstream ($42.7 billion), midstream ($8.6 billion) and downstream ($3.4 billion). In a surprise statement, the report’s author said, “the biggest impact of the Utica may be the development of gas-fired power plants in Ohio and surrounding states.” The second news item was a big emphasis at the event on the downstream–on the really big deal the petrochemical industry is and will be for Ohio and surrounding states. Presenters made the point that some manufacturers in Ohio were cut off from plastics supplies from the Gulf Coast after the recent hurricanes to hit that area–and that with the Shell and potentially PTT Global cracker plants coming along, manufacturers in the region change where they source their supply of raw plastics. In fact, the petchem industry will explode in Appalachia. All thanks to the Utica (and Marcellus) and the ethane produced. Here’s a pair of reports from yesterday’s event…
In August 2016, energy giant Tenaska (headquartered in Omaha, NE) broke ground to build a 925-megawatt natural gas-fueled power plant in South Huntingdon (Westmoreland County), PA (see
It has seemed to us that anecdotally most of the media in Virginia has tilted left and anti-pipeline when covering stories about the Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) projects, both slated to cross the state. So imagine our surprise in reading an editorial from the editors of the Fredericksburg, VA Free Lance-Star that gives full-throated support for fracked shale gas pipelines. The editorial begins by calling those who oppose ACP “NIMBY’s” (Not In My Back Yard). Later in the editorial, we learn this startling fact: “To prevent blackouts in Virginia this summer, Energy Secretary Rick Perry had to give Dominion Energy permission to reopen two shuttered coal-burning plants (Yorktown 1 and 2) in response to a request by PJM Interconnections, which manages the electric grid in 13 states. That’s how close the East Coast is to a real power crisis.” Yes folks, without ACP (and MVP), Virginia faces rolling blackouts. They won’t be able to produce enough electricity to meet the demand–unless they want to keep using coal. When will the NIMBYs wake up? Will it take a blackout to snap them out of their denial?…
Each year the consultants at Deloitte conduct a survey of oil and gas industry professionals. Last year the survey showed o&g execs believed we were already in the midst of a recovery for the industry (see
It’s been a few months since we’ve brought you news about the monthly average for Baker Hughes’ venerable rig count–largely because after GE completed it’s merger with Baker Hughes they quit issuing monthly press releases from their website! We spotted a story in the Pittsburgh Business Times that talks about Ohio coming close to parity in their rig count with Pennsylvania–which is a really big deal–and the reasons for it. That story sent us looking for the latest rig count numbers and indeed, it’s true. As of September, PA averaged 33 shale rigs in operation, while OH averaged 29–the closest we’ve ever seen it. If you look at the counts for last week (BH does a weekly rig count too), the numbers are even closer: PA with 31 rigs, OH with 29. We don’t typically monitor the weekly counts as they always fluctuate up and down–better to look at monthly averages. But the fact remains that PA has been pretty steady, operating between 32 and 34 rigs per month since January of this year, while OH has gone from operating an average of 20 rigs in January to 29 last month, and West Virginia has gone from operating an average of 8 rigs in January to 15 rigs last month (nearly doubling). Yet PA is static. Is there an explanation? Some experts think there is, and it can be explained in a single word: pipelines…
Less than three weeks ago MDN told you about District 5 Investments, an energy-focused private equity firm based in Texas, which has formed a new subsidiary called Pathfinder Resources in order to invest in the Marcellus/Utica region (see 

The Federal Energy Regulatory Commission (FERC) last week granted permission to Algonquin Gas Transmission (i.e. Spectra Energy, now owned by Enbridge) to build new pipeline infrastructure in New York State, part of the $452 million Atlantic Bridge expansion project. Atlantic bridge was approved by FERC back in January (see
A decade ago the petrochemical industry in the U.S. was in the toilet–in the midst of a downturn. Plants were leaving our shores, heading to other countries. And then the shale revolution hit full force–and changed everything. Petrochemical plants and investment is now skyrocketing here at home, because of shale. Petrochemicals are chemical products derived from petroleum (i.e. oil) and natural gas. The entire plastics industry comes from oil and gas–you knew that, right? Ethylene (which comes from ethane) and propylene (which comes from propane) are used to make polyethylene and polypropylene respectively–that is, plastics. And plastics are used in just about everything you touch, live in, ride in, etc. Plastics make modern life possible. Without plastics, we’d be back in the Stone Ages–living short, brutish lives. Ten years ago our petrochemical industry was flailing, but today it’s thriving. According to an expert speaking last week at Pittsburgh Chemical Day (an annual event), the Shell ethane cracker now under construction is in the “the second wave” of ethane crackers. According to the same expert, we are witnessing the “biggest buildup in the U.S. petrochemical industry we have ever seen.” And it’s all because of shale…
Finally, some justice against law-breaking eco-terrorists. You may recall in October 2016, eco-terrorists were arrested when they cut padlocks and chains at five remote flow stations (four different states) and shut down five oil pipelines coming from Canada into the United States (see
Depending on whether you’re a hardened leftist, or a common sense conservative, Gina McCarthy (former head of the Environmental Protection Agency) was either Savior or Satan. We tend toward the latter–someone who (ab)used her office to push a far-left political agenda. During her tenure, McCarthy oversaw the ramrodding through of the horrible Waters of the United States (WOTUS) and Clean Power Plan (CPP) regulations. It’s taken Team Trump a while, but both measures are being taken apart, plank by plank. Most people from agencies like the EPA retire quietly after their tenure. Not McCarthy. She’s out there in the media attempting to whitewash and cover up her mistakes, and castigating her successor, Scott Pruitt. Mainstream media, which tilts left of Attila the Hun, loves it (and her), giving her a voice. MDN friend Steven Heins, an energy and regulatory consultant and former vice president of communication for Orion Energy Systems, sets the record straight about Ms. McCarthy’s tenure as head of the EPA. Steve reminds us all of some rather uncomfortable truths about the EPA as it was under McCarthy…