Industrywide Issues

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    Anti-Drillers Lose 2-Yr Case Against Muskingum Watershed District

    Gavel-falling.jpgFor several years MDN has tracked and reported on a lawsuit brought against the Muskingum Watershed Conservancy District (MWCD) by an anti-drilling couple in Guernsey County, OH–Leatra Harper and her husband Steven Janstro (backed by the odious Food & Water Watch). At last check in April 2014, the couple had won the right to continue on with the lawsuit (see Anti-Drillers Win Minor Victory Against Muskingum Watershed Dist). Their aim was to prove the MWCD had violated the original deed to the property by allowing drilling–that by allowing shale drilling on MWCD-owned land, it frustrates the original purpose of the land as stated in the deed, which is to use the land for “recreation, conservation, or reservoir-development purposes.” The case made it all the way to the Sixth Circuit Court of Appeals. Last week the Sixth Circuit dismissed the case. The anti-drillers have lost…
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    FERC Denies Anti Request to Stop KM’s Broad Run Expansion Project

    request-denied.jpgKinder Morgan’s Broad Run Expansion Project will expand transportation capacity of natural gas on the existing Tennessee Gas Pipeline system. The project includes the construction of two new compressor stations in Kanawha County, WV, one new compressor station in Davidson County, TN, and one new compressor station in Madison County, KY. Tennessee Gas also expects to increase compression capacity by modifying two of its existing compressor stations in Powell and Boyd counties in KY by replacing existing capacity with new, higher-rated horsepower compression units. The project will provide an extra 200,000 dekatherms per day (Dth/d) of transportation capacity along the same capacity path as the Broad Run Flexibility project, which was placed in service on Nov. 1, 2015. All of the additional gas will come from Antero Resources and their Marcellus/Utica program. The Federal Energy Regulatory Commission (FERC) issued a Certificate to build the project in September. However, several anti-drillers filed an appeal, asking for a stay claiming a removal of 40 acres of forest for a compressor station would irreparably harm Mom Earth. FERC has just ruled against the stay and told the antis Mom Earth will be just fine. Fire up the backhoes!…
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    OSU’s Helpful Tips for Negotiating a Pipeline Contract

    helpful-tipsPipelines have been, and continue to be, a big deal throughout the Marcellus and Utica region. Landowners who are approached about placing a pipeline through their property should (1) never sign the standard contract presented, and (2) never sign anything without first running it by a lawyer. Beyond that, what else should landowners think about/do when negotiating a pipeline easement? Clif Little from the Ohio State University Extension gives us some helpful tips…
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    FERC Expected to Approve NEXUS Today; Surveyors have Armed Guards

    NEXUS map
    Click for larger version

    Word on the street is that the Federal Energy Regulatory Commission (FERC) will announce a decision today to approve the NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. It is a critically needed pipeline to move Utica and Marcellus Shale gas from an over-saturated market in the northeast to markets in the Midwest and Canada. If the decision doesn’t come today, it will come very soon. As MDN reported yesterday, the small city of Green, OH (population 26,000) has put NEXUS on notice that if its surveyors show up and landowners refuse access, those surveyors will be arrested if they “trespass” on the landowner’s property (see Green, OH Threatens NEXUS Surveyors with Arrest for Trespassing). Other news agencies are reporting that surveyors are about to show up with armed guards. Into this mess may come an approval for the project. If NEXUS gets approved, it will have the right to use federal eminent domain laws to build the pipeline, regardless of landowner desires. Does eminent domain also include surveying? One would think so since surveying is part of the construction process. Green’s bluster may amount to nothing if the project receives a final approval today. Below are several stories about surveying for NEXUS, as well as a look at the FERC commissioners who will make the final decision on NEXUS…
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    Baker Hughes, CSL & GS Form New US Fracking Co: BJ Services

    bj-servicesThe world’s third largest oilfield services company, Baker Hughes, has struggled to stay afloat given the radical reduction in revenue they get for the services they offer. BH’s recent third quarter update showed the company lost $430 million, which is down from losing $912 million in 3Q15, a positive sign we suppose (see Baker Hughes 3Q16: Bleeding Slows, but Hefty Loss of $430M). Halliburton tried to buy BH last year, but earlier this year the Obama DOJ killed the proposed merger (see Obama DOJ Kills Halliburton/Baker Hughes Merger, Deal “Terminated”). Last month GE Oil & Gas launched its own takeover/merger with BH (see Breaking: Who Needs Halliburton? Baker Hughes Merging with GE O&G). In the midst of all that, BH is not sitting on its hands. Yesterday the company announced it will spin off its North American shale fracking business into a new company, BJ Services. The deal involves investments and assets contributed from both Goldman Sachs and CSL Capital Management. Here’s the lowdown on BH’s new “pressure pumping” (i.e. fracking) deal, and the real reason BH is doing it…
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    Enviro Nazis File Petition Against Drilling in Wayne Natl Forest

    Wayne National Forest
    Wayne National Forest

    It’s been 10 long years, but finally in October the Bureau of Land Management (BLM) posted a lease sale auction for 33 parcels in Ohio’s Wayne National Forest (see BLM Launches Auction to Lease Wayne National Forest for Fracking). Although there are some 18,000 acres under consideration for leasing by the BLM in WNF, this first batch amounts to about 1,600 acres–most of it in Monroe County, OH. Monroe is a prime location for Utica Shale drilling. WNF is the only national forest in Ohio and portions of it are found in Athens, Gallia, Hocking, Jackson, Monroe, Morgan, Noble, Lawrence, Perry, Scioto, Vinton, and Washington counties. WNF is a “patchwork” of public land scattered among private land. Some 60% of the mineral rights below WNF are privately owned. Those mineral rights owners have been denied the use of their property rights for a decade–an absolute crime. But Constitutional property rights mean nothing to miseducated liberals who love to protest in faddish “causes”–like banning drilling in WNF. A group of these miseducated miscreants recently presented a petition with 92,000 signatures on it (so they claim) to officials of the BLM in Washington, DC–asking the BLM to stop the lease sale and slam the door on drilling in WNF. Are all 92,000 signatures from Ohio residents who might, theoretically, be impacted by shale drilling in WNF? You can bet your bottom dollar most of the signatures are from people who live outside Ohio…
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    Philly Energy Hub Plan – Not Dead Yet

    not-dead-yetEarlier this week MDN reported that Pennsylvania Gov. Tom Wolf helped kill a plan by Philadelphia Energy Solutions to expand its shale oil refinery in Philly by denying a lease on 200 acres at the Southport Marine site (see PA Gov Wolf Kills Plan for PES Refinery Expansion in Philadelphia). As we noted, the PES plan to expand its refinery facilities was one of the key elements of a plan to turn Philly into an “energy hub” in the northeast–perhaps one day rivaling Houston, TX. However, even though the PES plan is now dead, the dream of turning Philly into an energy hub is far from dead. At least it’s not according to Rob Wonderling, president and CEO of the Chamber of Commerce for Greater Philadelphia. Wonderling recently published an editorial touting the economic benefits of Marcellus Shale and how Marcellus gas is already creating new jobs and opportunities in the Philly area. He calls on those who want to see Philly’s manufacturing and jobs picture improve by leveraging Marcellus gas to join him in “picking some stones” to help Philly achieve its dream…
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    DC NatGas Utility WGL Considers Selling Itself to Spanish Company

    iberdrolaWord has leaked out that WGL Holdings, the umbrella company that owns Washington (DC) Gas Light Company and WGL Midstream, is considering selling itself to utility giant (and Spanish-based) Iberdrola. The deal, if it happens, has implications for the Marcellus. Earlier this month MDN reported that WGL Midstream, which already is a 7% owner in the Mountain Valley Pipeline project, had upped its ownership stake to 10% (see WGL Midstream Buys More of Mountain Valley Pipeline). WGL’s plan is to pipe more Marcellus/Utica gas to the Washington, DC area for sale to customers living in our nation’s capital. Would/could a change in ownership change that plan? It might…
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    Technip, FMC Believe Merger is in the Bag, Release Board Mbr List

    M&AIn May, U.S.-based oilfield services company FMC Technologies announced they will merge with their much larger quasi-competitor, France-based Technip, in an all-stock deal that will create a new company called TechnipFMC worth $13 billion (see FMC Technologies & Technip to Merge, Create $13B Oilfield Giant). FMC had/has some operations in the Marcellus/Utica, hence the merger has implications for our region. The Obama Dept. of Justice approved the deal in June (see FMC Technologies/Technip Merger Approved by Obama DOJ/FTC). Apparently it’s A.O.K. for a French company to buy an American company, but when one American company (Halliburton) wanted to buy another (Baker Hughes), that wasn’t OK with the Obamadroids (see Obama DOJ Kills Halliburton/Baker Hughes Merger, Deal “Terminated”). But we digress. The European Union, like the Obama DOJ, has now given its blessing on the deal. The shareholders for the two companies will vote next week on the merger, to make it official. Apparently management for the two companies thinks the deal is already in the bag because they’ve released a list of board members for the newly combined company…
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    Shale Oil About to Drive the Final Nail in OPEC’s Coffin

    final-nail-in-coffinMiddle Eastern counties who sell us oil, including Saudi Arabia, have never been our “friends.” To pretend otherwise is dangerously stupid. We have depended on them for their oil, plain and simple. Oil equals energy and energy equals freedom and prosperity for the U.S. In the 1970s OPEC, the Organization of the Petroleum Exporting Countries, flexed its economic muscles against our country and brought us to our knees with an oil embargo that caused shortages and prices to skyrocket. MDN editor Jim Willis recalls growing up in the 1970s when gas was rationed and you could only buy gas every few days (odd and even days) based on your license plate number. A scary time in our country. Thing is, our enemies haven’t changed–they are still there. They’re just a whole lot richer than they were back then, richer with our money in their pockets. The shale revolution changed all that. We are close to being 100% energy independent–without the need to import oil. Oh, we’ll have to keep importing for the foreseeable future. We don’t have enough refineries here to process the type of oil we produce (light sweet crude). But in a pinch, we’d figure out a way. OPEC and Saudi Arabia have badly misjudged America. They thought they could flood the market with cheap oil and bankrupt America’s shale drillers. Didn’t happen. In fact, we got better. We figured out how to drill for less money. Little known fact: Bakken drillers can now make money with oil selling as low as $29 per barrel! In other words, it’s now time to put the last nail in OPEC’s coffin and kiss them goodbye. We sincerely hope finally defeating OPEC will be a top priority in the new Trump Administration…
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    FERC Slaps NY AG; No Re-Hearing on Constitution Pipe Tree Clearing

    noIt’s now apparent that the fix has been in from the beginning–that New York’s corrupt Gov. Andrew Cuomo, colluding with New York’s corrupt Attorney General, Eric Schneiderman, were on a mission to block the construction of the federally approved Constitution Pipeline, due to run from Susquehanna County, PA into Upstate New York (to Schoharie County). Before Cuomo decided to take the breathlessly lawsless act of blocking the pipeline by denying stream-crossing permits (being challenged in court), the Constitution asked for permission to begin clearing trees along the pipeline’s path. In January 2016, Schneiderman immediately objected (see NY AG Objects to Williams Tree Clearing for Constitution Pipeline). The Constitution never received permission and so did not clear any trees in New York State. Except–some trees did get cleared, by the landowners themselves. Landowners who wanted to realize the most money from trees that will eventually be cut were cutting the trees ON THEIR OWN, without the help, consent, assistance, or any form of aide from the Constitution. Schneiderman’s response? The Constitution should have known those stupid farmers would cut the trees and should have done something to stop it. So in May 2016, Schneiderman asked FERC to investigate the Constitution over the tree clearing matter, something called a “rehearing” (see NY Attorney General Asks FERC to Investigate Constitution Pipe and NY AG’s Allegation of Tree Cutting by Constitution Pipe a Fraud). FERC just got back to Schneiderman, and told him, NO…
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    REX Pipe Begins Flowing Extra 800 MMcf/d Marcellus/Utica Gas West

    rex-pipelineThe Rockies Express Pipeline (REX), originally built from Colorado and Wyoming to Monroe County, OH to bring natural gas from west to east, last year reversed the flow for a large and important section of the pipeline. On August 1, 2015 the section of REX from Monroe County, OH to Mexico, MO 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. REX has been hard at work on plans to expand capacity even more by beefing up compressor stations along portions of the pipeline. Their efforts have paid off. REX previously filed a plan with FERC to add another 800 million cubic feet per day (MMcf/d) of capacity along the same portion of the reversed pipeline. Yesterday the Federal Energy Regulatory Commission (FERC) gave REX the go-ahead to start additional compressors added at three locations along the route…
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    Green, OH Threatens NEXUS Surveyors with Arrest for Trespassing

    no-trespassingThe city of Green in Summit County, OH has put NEXUS Pipeline on notice that if surveyors show up to survey in the city and if those surveyors don’t have permission from the landowner, or a judge’s order, those surveyors will be arrested and charged with trespassing. Apparently Green hasn’t gotten the memo that pipelines are the safest form of transportation on earth–period. NEXUS, as well as other pipeline projects, face a classic Catch-22 situation. In order to get the Federal Energy Regulatory Commission to grant a certificate to build the pipeline, the pipeline company must first conduct initial surveys to plan the route. With a certificate from FERC in hand, the pipeline then has the power of eminent domain to use on recalcitrant landowners to build the pipeline across their land. The open question is whether or not the pipelines can use eminent domain to conduct the survey ahead of a full FERC certificate. That’s the Catch-22. Surveying doesn’t do a single thing to a property, other than a few guys and gals running around for a short time looking through a transit and taking measurements. It’s a shame that landowners, in some cases, won’t even allow that. So Green has put NEXUS and the world on notice that the city and its residents don’t want to participate in the riches that come from shale. Fine. Let them eat dirt…
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    PA County Judge Attacks Mariner East 2 Status as Public Utility

    court-gavel.jpgSunoco Logistics Partners, the builder of the Mariner pipeline projects, has fought a long and hard legal battle to be recognized as a public utility in Pennsylvania–especially with regard to the next big project in the lineup, the Mariner East 2 pipeline. ME2, as it’s called, is a $2.5 billion, 350-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. From the beginning anti-pipeline fanatics have tried to derail the project by claiming it is not a public utility (with the right of eminent domain) as defined by PA’s statutes. In July 2014 two administrative law judges working for the PA Public Utility Commission (PUC) said ME2 is not a public utility (see Setback for Mariner East NGL Pipe – Judges Say Not Public Utility). But a few months later, the Commissioners of the PUC overruled them and said yes, it is a public utility–always has been, always will be (see Major Milestone: PA PUC Rules Mariner East IS a Public Utility). However, the antis continued to challenge it in court. Finally, in July 2016, PA’s Commonwealth Court in hearing an appealed case ruled in favor of Sunoco, saying that ME2 is regulated by both the PUC and the Federal Energy Regulatory Commission (FERC), and it therefore has the right to use eminent domain (see Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline). However, a county judge in Lebanon, PA has just rendered a decision that once again attempts to question ME2’s classification as a public utility. The decision, and how it impacts ME2, is complicated…
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    Study: Do PA Towns Spend Impact Fee Revenue on Stated Purpose?

    spendOne of the lasting, positive legacies of Pennsylvania Gov. Tom Corbett, predecessor to the current disaster of a governor, Tom Wolf, is signing into law Act 13, which updated PA’s laws for Marcellus Shale drilling. Among the provisions of Act 13 is something called an impact fee–far better and more fair than a so-called severance tax. As we wrote at the time, the impact fee is really 60% fee and 40% tax. Most of the revenue raised, 60% of it, stays local in the communities impacted (hence the name) by drilling. Those communities have higher expenses for first responders, water and sewer, and other government expenses, due to an increase in drilling activity. But in order to get the deal done in Harrisburg, Corbett and the Republicans had to agree to grease the palms of bureaucrats with 40% of the revenue raised from the fee, to be spread around to various agencies (see PA’s New Tax on Drilling (er Sorry, Impact Fee)). Whatever. At least 60% of the money stays local. The question is, are the local towns and communities receiving their portion of the money using it for what it was intended? A pair of University of Pittsburgh at Bradford professors received a grant to study that very question. The resulting report, “Analysis of Act 13 Spending by Pennsylvania Municipalities and Counties” (full copy of 68-page report below) was published in July. What did it find?…
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    Virginia County Embraces Atlantic Coast Pipe as Business Magnet

    Atlantic Coast Pipeline Route - Southern Virginia
    Click for larger version

    So often mainstream media simply lies about public attitudes toward pipelines–attempting to paint a picture of mass opposition to filthy fossil fuels flowing through exploding pipelines. Nonsense. Let’s take Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP) as an example–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. In October a poll was released showing Virginians support ACP by a 2-to-1 margin (see Poll: Virginians Favor Atlantic Coast Pipeline by 2-to-1). Some forward-thinking counties in Virginia, like Buckingham County, are embracing ACP with open arms. Just last week we noted the very adult-like behavior of Buckingham County’s Planning Commission in approving a compressor station for ACP, with some 40 conditions attached (see VA County Planners Approve Atlantic Coast Pipeline Compressor Stn). Buckingham’s leaders are lauding ACP as an economic and jobs magnet. The county’s largest employer, Kyanite Mining Corp., has just signed an agreement with ACP to use natgas from the pipeline…
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