Industrywide Issues

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    Ohio EPA Begins Using New General Permits for Compressor Stations

    Compressor stations in Ohio, needed to flow natural gas through numerous new pipelines being built, require a permit from the Ohio Environmental Protection Agency (EPA) in order to get built. The Ohio EPA considers each application independently, a laborious and long process. In an effort to streamline that process, the Ohio EPA began work on a plan in September 2015 to issue “general permits” for compressor stations (see Ohio EPA Seeks “Pre-Comments” on Compressor Station Permit Plan). A general permit is, essentially, a cookie cutter approach. If midstream companies agree to the provisions in the general permit, i.e. they commit to using certain types of equipment and certain standards, the permit process will speed along much faster. In April 2016 Ohio EPA floated draft versions of the new general permits (see Ohio EPA Seeks Comments on New Permits for Compressor Stations). The long wait is over. Ohio EPA announced last week that the new general permits (there are a BUNCH of them) are ready for use…
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    The Difference One Utica Pipeline Can Make on Gas Prices

    What happens when you build a major interstate natural gas pipeline–and you’ve guessed wrong about the market. That happened to Tallgrass Energy and their Rockies Express Pipeline (REX), which runs from Colorado and Wyoming in the West to Ohio in the East. The REX Pipeline was completed in 2009, just in time for the shale revolution to begin in the Marcellus and now in the Utica. What to do when you’re pumping gas into a saturated market? You reverse the flow (see Reversing the Fortunes for “Wrong Way” REX Pipeline). On August 1, 2015 the section of REX from Monroe County, OH to Mexico, MO (called Zone 3) reversed the flow and began to carry 1.8 billion cubic feet per day (Bcf/d) of Utica and Marcellus Shale gas to the Midwest, including to the greater Chicago area. In January 2017, REX completed the reversal project and now flows 2.6 Bcf/d of Marcellus/Utica gas to the Midwest (see REX Pipe Completes Expansion Today, 2.6 Bcf/d Flowing East-to-West). The ace researchers at Natural Gas Intelligence have been looking at prices Utica drillers were able to get for their gas at key locations before and after REX reversed the pipeline and have found that single pipeline has “erased” the price differences between Utica and Marcellus gas. That is, Utica drillers now fetch much higher prices for their gas, everywhere they sell it (in Ohio and out), because of the REX pipeline and the new markets it has opened up…
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    Protesters Try to Resurrect Failed ND Pipeline Fight in Lancaster

    Click for larger version

    Anti-fossil fuelers opposed to the Williams Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County–are using the same (losing) playbook to oppose Atlantic Sunrise as they used to oppose the Dakota Access Pipeline. They claim, falsely, that the pipeline will disturb ancient Indian burial grounds and other hogwash about disturbing archaeological sites. As we’ve previously reported, local antis in Lancaster County, PA aided and abetted by national Big Green groups hope to recreate the disaster of Standing Rock, ND in Lancaster County, PA (see PA Anti Hopes to Bring Standing Rock Disaster to Lancaster County). As we reported last week, most of the funding for their troublemaking is coming from a British cosmetics company nobody ever heard of (see Cosmetics Firm, Church Fund Anti “Camps” Against Atlantic Sunrise). Just in case the general reading public is too stupid to understand that Lancaster is the new Standing Rock, they’ve painted “Welcome to the Stand” (channeling Standing Rock) on the side of a barn near where the Atlantic Sunrise Pipeline is due to run. And they openly admit, even trumpet the fact, that “Standing Rock is the playbook” they are using. That is, they seek anarchy and lawlessness as their preferred means to bully other people into doing something they want done…
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    Antis Find Solace in Bay’s Final Pot Shot at FERC

    Norman Bay, formerly of FERC

    Anti-fossil fuel groups adamantly opposed to new pipeline projects are finding solace, and perhaps legal assistance, in the remarks made by former Federal Energy Regulatory Commissioner Norman Bay. There were three FERC Commissioners, the minimum required to vote on projects, until Bay left. Why did he leave? When Bay (a Democrat) joined FERC, he was promoted by Barack H. Obama to be the Chairman of the Commission, displacing Cheryl LaFleur (another Democrat) from her role as Chairman. LaFleur didn’t let Obama’s decision affect her–she stuck around and kept working. When Donald Trump took office, he decided, which is his prerogative, to elevate LaFleur to be Chairman once again, “demoting” Bay to regular old Commissioner. Bay immediately resigned in a huff. Thing is, Bay’s resignation was calculated to do maximum damage to current pipeline projects under review, most of them in the Marcellus/Utica. On his last day in office, along with a flurry of FERC approvals, Bay issued a statement as part of one of the approvals that FERC should “analyze the environmental effects of increased regional gas production from the Marcellus and Utica” shale regions (see FERC Commissioner Norm Bay Targets M-U on Way Out the Door). Now, anti-fossil fuel lawyers are using his words to help make their case against authorizing pipeline projects…
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    Cosmetics Firm, Church Fund Anti “Camps” Against Atlantic Sunrise

    Ding dong–Lush is calling. A British cosmetics company (think UK version of Avon), looking to get bought-and-paid-for publicity here in the states, has donated $22,000 to the anti-Atlantic Sunrise Pipeline group, Lancaster Against Pipelines (LAP). Anti-drilling losers like those in LAP would flare out if not for the backing of companies and Big Green groups with deep pockets. Which cosmetics company did the donating? The name is Lush. You’ve never heard of them and almost certainly have never purchased any of their forgettable products–which is why they donate money to groups like LAP, to get far more exposure than advertising can buy. There’s enough nutjobs out there that will buy products from companies like Lush to make “donating” money for “causes” to these groups a profitable venture. Another funder of LAP? The Universal Unitarian Church in Lancaster, which forked over $5,000 of parishioner contributions to LAP. Hello IRS! Will you please investigate the non-profit Universal Unitarian Church for giving money to an overtly political cause? Who else is donating money to the small group of LAP rabble-rousers?…
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    WV Hare Krishnas Settle with Rover Pipeline, Crossing Commune

    Here’s an interesting story. A religious commune of Hare Krishnas in Marshall County, WV steadfastly refused to sign an easement with Rover Pipeline to allow the pipeline across ~3,000 feet of commune-owned property. Rover had offered the Krishnas $7,000 for the easement, but no dice. You may recall that the Krishnas have no problem accepting oil and gas money, and have done so by leasing their land for shale drilling–even though the official view of the Krishnas is that “gas drilling is exploitative, that it is unsustainable and ‘contributes to the culture of death and toxicity’” (see WV Hare Krishnas “Purify” Gas Money to Benefit Commune). Apparently when there’s enough money involved, official Krishna doctrine changes. Back to Rover. On Tuesday, the Krishnas filed a lawsuit in federal court to block Rover from using eminent domain to enter the property to cut trees–a lawsuit based on religious grounds. A hearing was held on Thursday in federal court in Wheeling. The Krishnas loaded a bunch of followers into a fossil fuel-belching van to cart them to the court house to protest and make a scene. Lots of publicity. The judge granted a brief recess to allow the two sides to talk, and following the recess the Krishnas and Rover announced they had signed a deal. The official line is that Rover is changing the route of the pipeline to avoid certain holy places on Krishna property. The pipeline will now traverse MORE Krishna property–nearly twice as much more (5,300 feet). So much for objecting to the pipeline based on “religious” grounds, right? What is not mentioned, conspicuously so, is how much more money the Krishnas were able to get out of Rover, so Rover could make the bad publicity go away…
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    PA DEP Holds Public Hearing on PennEast Compressor Station

    PennEast Pipeline is a $1 billion, 118-mile pipeline from Luzerne County, PA to Mercer County, NJ. Along the entire length of the pipeline, there will only be one compressor station–located in Carbon County, PA. This past Wednesday the PA Dept. of Environmental Protection (DEP) conducted a public hearing on the compressor station plan. Nominally the hearing is to elicit feedback from the public. However, as is so often the case, these are not really hearings but theatrical performances where anti-drilling kooks put on the equivalent of a circus act. But antis weren’t the only ones who showed up for the hearing. Plenty of supporters were there too…
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    THE Delaware Riverkeeper Plans to Pack DRBC Hearing to Oppose PennEast

    The Delaware River Basin Commission (DRBC), charged with overseeing potential impacts on the Delaware River and the various tributaries that feed it, has stepped outside of its legal bounds with plans to review the PennEast Pipeline, part of which will run through the Delaware River Basin area. In 2014 the DRBC tried to tell PennEast and its sponsors that the pipeline will need their approval before it can be built (see DRBC Tells PennEast They Need DRBC (Not Just FERC) Approval). There’s just one teeny tiny problem with the DRBC’s plan. It’s called the U.S. Constitution. PennEast is permitted solely by the Federal Energy Regulatory Commission (FERC), not any other agency including the quasi-governmental DRBC. PennEast told DRBC as much (see PennEast Tells DRBC Not So Fast, FERC has Final Say on Pipeline). But silly little things like laws don’t stop power-mad liberals like those at the DRBC. FERC, in a bid to be gracious to the libs at DRBC, agreed to hold one joint hearing on the PennEast with the DRBC (see Anti Drillers Demand DRBC Hold 7 Meetings on PennEast Pipeline). But then the DRBC has decided it will take its marbles and go home–telling FERC to blank-off, that DRBC will hold their own hearings (plural) on the PennEast (see DRBC’s Lawless Action to Review PennEast Pipeline Apart from FERC). The time has come. On March 15 the DRBC will proceed with its lawless action in holding a hearing, and DRBC friend and confidant, Maya van Rossum (THE Delaware Riverkeeper) has issued an email to her legion of mind-numbed robots to hound the DRBC about speaking slots at the hearing, so they can create the illusion that most folks are against the project. She’s also planning to pack the meeting room with hippies and ne’er–do–wells in “stop penneast” t-shirts, holding up signs…
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    Big News from the O&G Awards Northeast Industry Summit

    Yesterday MDN editor Jim Willis had the pleasure of attending, and moderating two panel sessions, at the Oil & Gas Awards 2017 Northeast Industry Summit in Pittsburgh. (Jim is back in Binghamton today, very tired!) When the sessions are made available via video, Jim will post them here on MDN. In the meantime a few words about the sessions and presenters, and about what we consider some pretty big news coming out of yesterday’s meeting. The day began with MDN friend George Stark, Director of External Affairs for Cabot Oil & Gas, making an impassioned plea for everyone in the industry to get involved with telling the great story of our beloved industry. Don’t think it’s someone else’s role–it’s the role of every single person in the industry, from janitor to secretary to CEO. George gave a rousing, opening address. George was followed by a panel discussion led by MDN friend Charlie Schliebs, Managing Director of Stone Pier Capital. Charlie’s panel tackled some interesting topics about mergers and acquisitions, bankruptcies, and where they see the price of natural gas going over the next several years. After Charlies panel was a panel discussing pipeline projects. The moderator was Fred Lowther, a partner at powerhouse energy law firm Blank Rome. Fred, who once worked on the Iroquois Gas Transmission Pipeline project when it was being built, said over the years since that pipeline was built he’s often joked they failed to do a “celebrity impact statement” when building it. Liked that line! After Fred’s panel was a talk given by Michael Krancer, also with Blank Rome (and former Secretary of the PA Dept. of Environmental Protection). Mike is always a take-no-prisoners presenter. We’ve always loved the way he thinks and expresses himself. Yesterday was no different. It was during Mike’s talk that we found what we believe was the most important thing said yesterday. It has to do with PA’s proposed General Permit 5A. Mike said if GP-5A is enacted as written, it will result in a 12-18 month moratorium on production in Pennsylvania…
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    Ohio Dormant Minerals Act – Rights Do Not Automatically Transer

    MDN has highlighted the importance of the Ohio Supreme Court’s decision with regard to the Ohio Dormant Mineral Act (DMA). In September the OH Supreme Court ruled in three DMA cases, saying all of the other cases come under those three (see Important: OH Supreme Court Finally Rules on Dormant Mineral Act). Following that ruling, we brought you insights on what it means from international law firm Jones Day (see One More Look at Important OH Supreme Court DMA Decision). We later ran a copy of an analysis done by attorney David Wigham, who commented that title and ownership to mineral interests in Ohio has “significantly changed” (see Expert Says OH DMA Decision “Significantly Changed” Mineral Rights). Below we have yet another analysis. This one does a great job of summarizing the three cases and what they mean. The bottom line takeaway: the Ohio Dormant Mineral Act does not automatically transfer oil and gas mineral rights to surface owners…
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    Could Challenge to Colo. Frack Ban Affect NY’s Moratorium?

    We spotted an article on the Hot Air website about a court challenge in Colorado that may (or may not) have implications for shale drilling in places like New York State. Several years ago the ultra-liberal Boulder County, CO banned fracking. Landowners in the county are unconstitutionally denied the right to use their land as they see fit. So Colorado’s Attorney General, Cynthia Coffman, has just sued Boulder County to have the frack ban declared illegal. IF the case were to get appealed to a federal court and IF the case decided that Boulder County does not have the right to ban fracking, might that not serve as a precedence for New York and a statewide ban? We know, we know. It’s a stretch and a lot of IFs. But it is an intriguing idea–and a case worth watching…
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    EPA Axes Obama Reg Requiring O&G Methane Emission Reporting

    Last year the federal Environmental Protection Agency (EPA) under Barack Hussein Obama once again far exceeded its constitutional limits by enacting a new methane regulation that requires oil and gas operators to install all sorts of expensive equipment in a vain attempt to sniff out so-called fugitive methane (see EPA Does it Again: Tries to Destroy O&G with New Methane Rule). The erroneous thinking goes like this: even a little bit of methane leaking into the atmosphere is far worse than just about all carbon dioxide create when it comes to global warming, so we have to stop it. And the way to stop it is by forcing oil and gas companies (drillers, pipeliners, etc.) to ensure not one stray CH4 molecule ever escapes into the atmosphere. The EPA totally ignores the FACT that burping and farting cows put far more methane into the atmosphere than the oil and gas industry. But we digress. Not long after the EPA tried this latest heavy-handed approach with the o&g industry, 15 states sued to stop it, including Scott Pruitt as Attorney General from Oklahoma (see 15 States File Lawsuits to Block EPA O&G Methane Rule). It must have given Scott, now EPA Administrator, enormous satisfaction to issue the order yesterday that withdraws the methane rule “immediately”…
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    TransCanada Selling Stake in Iroquois Gas Pipeline – to Itself

    Companies in the oil and gas space, in particular midstream (pipeline) companies, have complicated ownership structures on paper. There are usually a number of subsidiary companies. Sometimes these companies have a “mother ship” which is owned by stockholders, and a subsidiary that is a master limited partnership (MLP), which is a different kind of corporate structure. MLPs don’t have shares of stock but instead issue units (about the same thing as shares of stock). MLPs give the unitholders certain tax advantages not offered to stockholders. Yes, its complicated. The important thing to know is that often these large pipeline companies have layers within layers. Which is the setup for this story. TransCanada, which purchased Columbia Pipeline Group last year for $10 billion (see TransCanada and Columbia Pipeline Tie the Knot Today). TransCanada controls another subsidiary called TC PipeLines, an MLP. On Monday, TransCanada issued a notice that it intends to “sell” its ownership stake in the Iroquois Gas Transmission System (an important Marcellus pipeline) along with its remaining ownership in Portland Natural Gas Transmission System (PNGTS), a New England pipeline, to its TC PipeLines subsidiary. Why? To raise money. How can a company selling something to itself raise money?…
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    Kinder Morgan Sells 49% Stake in Elba Island LNG to EIG for $555M

    Elba Island LNG facility

    Kinder Morgan’s Elba Island, Georgia (near Savannah) LNG export facility received a green light from the Federal Energy Regulatory Commission (FERC) last June (see KM’s Elba Island LNG Export Plant Approved by FERC). Kinder has since started construction at the site. In December, the U.S. Dept. of Energy granted Elba Island permission to export LNG to non-Free Trade Agreement countries (see Elba Island LNG Update: Non-FTA Exports Approved, Dump Truck City). What does the Georgia’s Elba LNG plant have to do with Marcellus/Utica? The Williams Transco pipeline runs through Georgia. Kinder owns and operates the 200-mile Elba Express pipeline, which connects the LNG facility to the Transco. Currently Elba Island imports LNG, getting it to market via the Transco. However, Williams has been on a mission to send Marcellus gas south–including to Georgia (see Marcellus Gas Heading to Georgia via Transco Pipeline). Marcellus Shale gas will, via the Transco, be at least some of, if not the primary, source for gas exported from the Elba Island facility. Although work continues at the facility, Kinder has decided they can use some money to help finish the project–so they’ve just sold a 49% stake in the project to investment firm EIG Global Energy Partners for $555 million. When the project is complete, Kinder says it will be worth $1.3 billion. So EIG got 49% of a $1.3 billion project (or $637 million worth of value) for $555 million. Sounds like EIG got a good deal, or perhaps Kinder was a tad desperate for the cash?…
    Read More “Kinder Morgan Sells 49% Stake in Elba Island LNG to EIG for $555M”

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    VA Senate Committee Nixes Frack Trade Secret Protection

    In January MDN told you about an effort in Virginia to ensure new changes in Virginia’s environmental regulations that require “mandatory disclosure of fracking chemicals, baseline water testing and monitoring, and spill prevention and response planning” would still protect trade secrets–the exact combinations of chemicals used by drillers when fracking (see Proposed VA Law Would Protect Frack Chemical Trade Secrets). As we said at the time, Big Green groups are demagoging the issue, claiming drillers want to keep fracking chemicals secret from first responders and doctors. Not true. But that doesn’t stop the headlines from continuing, like “Citizens have a right to know about fracking chemicals” and “King George supervisors lobby for disclosure of fracking chemicals” (see Debate & Misinformation re Frack Chemical Disclosure Rages in VA). Here’s the thing: fracking chemicals ARE required to be disclosed. The proposed law that modifies the regulations doesn’t change that. The new law only shields the exact combinations of chemicals from being disclosed–and even the exact combination can/will still be exposed for doctors and first responders. However, the damage has been done. Enough lies hit the fan that members of a Virginia Senate committee have rejected it, ending the bill before it could receive a full vote. In other words, Senators believed the lies…
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    Trump Signs Exec Order Targeting EPA “Waters of the U.S.” Rule

    In May 2015, Obama’s rogue Environmental Protection Agency (EPA), along with the Obama U.S. Army Corps of Engineers (USACE), released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis-à-vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefines everything down to mud puddles (no, we’re not exaggerating) as subject to the federal Clean Water Act. In October 2015 a federal judge stopped WOTUS from going into effect, while it’s litigated (see Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere). It took a year, but in November 31 states along with other entities filed briefs with the 6th U.S. Circuit Court of Appeals opposing the rule (see 31 States Ask Court to Dump Obama WOTUS Rule as Unconstitutional). It now looks like we won’t have to litigate it out after all. Yesterday, fulfilling a campaign promise, President Trump signed an Executive Order directing the EPA to reconsider WOTUS. Among the many at the signing ceremony was the new Administrator of the EPA, the marvelous Scott Pruitt–who has pledged to move forward immediately with rolling back WOTUS…
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