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NY Fights Back Against NFG’s Request to Bypass DEC Pipe Approval

On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. We’ve seen this movie before. The corrupt DEC fiddle faddles around in an effort to stall and delay. NFG is in no mood to screw around with the Cuomo DEC, so they filed a motion asking FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. The corrupt DEC doesn’t like being challenged and last week filed its own motion with FERC claiming NFG is out of line. The peeing match has begun…
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SC Antis File FERC Challenge to Stop Marcellus Pipe to Charleston

Transco to Charleston Project – click for larger version

In March 2016, Dominion filed an official application with the Federal Energy Regulatory Commission (FERC) for a 55-mile pipeline project called the Transco to Charleston Project (see Dominion Files Application to Move Marcellus Gas to Charleston, SC). As the name implies, it will be a short pipeline to connect the Transco pipeline, which is in the process of reversing flows to bring Marcellus and Utica Shale gas south. This new pipeline will grab Transco’s Marcellus/Utica gas and send it to the Charleston, SC area. The projected in-service date is November of this year. However, this project, like every square inch of every pipeline project in the Eastern U.S., faces opposition from nutty anti-drilling radicals who vow to try and stop it even if it gets FERC approval (see SC Antis Fuss Over Pipeline to Carry Marcellus Gas to Charleston). In February, just prior to Commissioner Norman Bay resigning and leaving FERC without a quorum, the three FERC Commissioners voted to grant Dominion the certificate to build the Transco to Charleston pipeline (see FERC Approves SC Pipeline to Flow Marcellus Gas to Charleston). So the nutters have flown into action by filing a request for a rehearing of the Commission’s decision, and filing a motion to stop any construction in the meantime…
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Dominion CEO Asks Senators to Fix Broken Permitting Process

Dominion CEO Diane Leopold

On Tuesday, just as winter storm Stella was beginning to hit along the East Coast, a group of executives testified before the U.S. Senate Committee on Energy & Natural Resources. The session was billed as a “Hearing to receive testimony on opportunities to improve American energy infrastructure.” One of the speakers to address the Senators was Dominion CEO Diane Leopold. The thrust of her lengthy testimony was to encourage (implore?) the Senators to (in our words) fix the very broken process of permitting important infrastructure projects in this country. Leopold shared Dominion’s experience in applying for permits to build the $4 billion Cove Point LNG export project in Maryland. As bad as it was with 55 federal, state and local permits and reviews required, Leopold said Cove Point was a relative walk in the park compared to what they’re now going through with the $5.5 billion Atlantic Coast Pipeline project. Something has got to change if anything is going to get built in this country…
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THE Dela. Riverkeeper Issues Final Orders to Minions re DRBC Mtg

Today is the day that (some of) Maya’s minions will show up at a meeting of the Delaware River Basin Commission to attempt to bully DRBC staff during the public comments period. As we’ve been reporting (from a well-placed mole on the DRBC email list) Maya has been issuing orders to her minions–people who apparently aren’t bright enough to form their own thoughts about matters like the PennEast Pipeline (see Mind-Numbed Antis Need Maya’s Instructions re DRBC Mar 15 Mtg). Maya has written out a treatise of objections to PennEast, to be read WORD FOR WORD by the minions–or else. We now have the script that Maya’s mind-numbed robots will read from (see it below). We also have her last-minute instructions to the dolts doing the reading…
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DRBC has No Power to Stop Shale Drilling in Delaware River Basin

You’ve heard the phrase, “The Emperor has no clothes.” A lawsuit against the Delaware River Basin Commission (DRBC) by a Wayne County, PA landowner over the DRBC’s ongoing moratorium of shale gas drilling, is exposing the DRBC as having “no clothes” when it comes to their authority over shale drilling (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). In fact, the DRBC has no authority to stop shale drilling, as they are now being forced to admit in response to the lawsuit. That fact has the DRBC, and radical environmentalists like THE Delaware Riverkeeper, petrified. MDN friend Tom Shepstone, author of the always-excellent Natural Gas Now website, writes about the DRBC’s lack of authority and the need for Pennsylvania to immediately defund the DRBC–until the agency stops their sham pretense of blocking shale drilling…
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WV Bill to Exempt O&G from Storage Tank Law Gets Gutted

On Monday, MDN wrote about a new bill introduced in the West Virginia legislature that would exempt storage tanks used by the oil and gas industry from a 2014 law passed following a coal industry storage tank failure that temporarily polluted the drinking water for 300,000 WV residents (see WV Bill Would Exempt O&G Industry from Storage Tank Law). House Bill (HB) 2811 would exempt ~27,000 tanks owned and operated by the oil and gas industry from West Virginia’s Aboveground Storage Tank Act. The bill didn’t get far. On Monday, the WV House Judiciary Committee gutted their version of the bill. The new/gutted version will exempt about ~2,300 oil and gas storage tanks–those very small and very far away from drinking water sources…
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Analysis of New WV Bill SB 576 re Co-Tenancy & Joint Development

Yesterday MDN reported on a new West Virginia bill (Senate Bill 576) that aims to bring both the drilling industry and rights owners together to support co-tenancy and joint development–which are stripped down pieces of previous forced pooling bills that failed in the past (see WV Sen. Charles Trump Introduces New Co-Tenancy, Joint Dev Bill). As we previously reported, Senate Bill 244 was introduced in February to address co-tenancy and joint development (see WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development). That bill went nowhere due to strong opposition from rights owners, including the West Virginia Royalty Owner’s Association (WVROA). SB 576 was meant to meet rights owners in the middle, to address their concerns. But as we mentioned yesterday, WVROA is not supporting the new SB 576 either. Although we included a copy of the bill in yesterday’s post, we did not have a detailed analysis of SB 576 vs SB 244. We now have some expert analysis from the legal beagles at top energy law firm Babst Calland…
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Bumble Bee May Yet Sting O&G Industry with “Endangered” Listing

Rusty patched bumble bee

As MDN has previously chronicled, on September 22, 2016 the rogue U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the Endangered Species Act (ESA). The rusty patched bumble bee is found in the Midwest and eastern parts of the U.S. If it gets listed, it will have SIGNIFICANT impacts on drillers and midstreamers (see “Endangered” Bumble Bee May Slow/Stop O&G Projects in Northeast). With just a few days left in Obama’s reign of terror, the Obama-influenced USFWS pulled the trigger and listed it (see USFWS Pulls the Trigger and Lists Bumble Bee as Endangered). But then a white knight rode in to town to (temporarily) save the day. The Trump Administration signed an order delaying the listing until March 21 (see Trump Administration Delays Listing Bumble Bee as Endangered). The clock is ticking and drillers/midstreamers are worried. The oil and gas industry, along with farmers and others negatively affected by the listing, have asked newly-minted Interior Secretary Ryan Zinke to delay the listing until next year, to give everyone time to figure how they’re going to comply with this newest inanity from USFWS…
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WV Sen. Charles Trump Introduces New Co-Tenancy, Joint Dev Bill

As MDN previously reported, perhaps the biggest energy-related issue for this year’s session of the West Virginia 60-day legislative session will not be a bill on forced pooling. Instead, the West Virginia Oil and Natural Gas Association (WVONGA) is pushing a legislation on co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Senate Bill (SB) 244 was introduced in February to cover both co-tenancy and joint development (see WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development). For an explanation of what co-tenancy and joint development means, read this post. WVONGA is supporting SB 244, but rights owners, including the West Virginia Royalty Owner’s Association (WVROA) is not. In an effort to get the two sides together and hammer out something that both could support, WV State Senator Charles Trump convened a meeting with both sides. He then drafted up new legislation to replace SB 244 (which was going nowhere fast). Last Friday, Trump introduced SB 576 (full copy below). Did Trump succeed in crafting something both sides can support?…
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Trump Spanks Radicalized Kids re “Climate Change” Lawsuit

In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see Group of Kids Sues U.S. Govt to Force Action on “Climate Change”). In January 2016 we brought you an update, telling you that radicalized, fringe Catholic groups had joined the cause with the ignorant children (see Climate Change Lawsuit by Radicalized Children Gets Interesting). In November 2016, a lefty judge cleared the lawsuit to move to trial. And in January 2017, the radicalized kiddies (actually, the laywers abusing them) got to depose the incoming Secretary of State and former ExxonMobil CEO, Rex Tillerson (see Radicalized Kids Suing Over Global Warming to Depose Tillerson). The Trump Administration is not amused by the antics of these children and the adults manipulating them. Last week the Trump Administration filed a motion to overturn the November ruling that allows the lawsuit to go to trial. It’s time these children got a good (legal) spanking…
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4 Things to Know re Trump’s Energy Orders/Repeals

President Trump has issued a number of Executive Orders to overturn some of the egregious over-regulation that popped up during the reign of terror known as the Obama Administration. Some of the orders encourage new pipeline development (Keystone XL and Dakota Access). Some “require” American-made pipelines to be used when building new pipeline projects. Some roll back truly onerous regulations like Waters of the United States (WOTUS)–which puts all bodies of water down to the size of mud puddles under EPA authority. Trump has been going great guns. But, those orders may not be a slam dunk, given our court system populated with Obamadroids. Here’s four things to consider, to be aware of, when it comes to Trump’s Executive Orders and directives aimed at the energy industry…
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WV Bill Would Exempt O&G Industry from Storage Tank Law

Three years ago in the closing hours of the 2014 legislative session, WV legislature passed SB373, the “storage tank” bill (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry (see Impact of WV’s New Chemical Tank Law on Marcellus Drillers). There was a lot of confusion about the law which requires just about all aboveground tanks (except your toilet) to be registered. WV ended up creating a new website to handle the confusion around the law (see WV DEP Launches New Website to Assist with Storage Tank Law). The writing was on the wall. It was obvious the law, as written, was totally unrealistic and unworkable. During the closing hours of the 2015 legislative session, WV legislators passed a partial repeal of the 2014 law, to fix it so it’s more workable (see WV Fixes Above Ground Tank Law, Now Less Onerous for O&G Industry). The industry still isn’t happy and is lobbying for a total exemption from the law. House Bill (HB) 2811, introduced last week, would do just that…
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Has the Clock Run Out for NEXUS Pipeline?

Is there still a market need for the NEXUS Pipeline project? That is the $2 billion question. Last December, the Federal Energy Regulatory Commission issued a positive final Environmental Impact Statement (see FERC Approves NEXUS Pipeline, Project on Track for 2017). The remaining obstacle for NEXUS is to obtain a certificate of public convenience and necessity from FERC, to begin construction. NEXUS had hoped to have that approval in hand on Feb. 3rd, when FERC issued a flurry of such certificates. However, NEXUS didn’t get one (see In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing). Here’s the facts. The main competitor to NEXUS, Energy Transfer’s Rover Pipeline, DID get a certificate from FERC and is now under construction (see FERC Green Lights Rover Pipeline Construction). In addition, TransCanada is trying, hard, to entice western Canadian drillers to ship their gas east to Ontario in order to undercut both Rover and (if it gets built) NEXUS (see TransCanada Revives Plan to Lowball M-U Gas Using Canada Pipeline). While Rover’s pipeline capacity is 95% sold, only 59% of the NEXUS project is sold. So when a full FERC quorum is once again in place and willing to consider NEXUS, the question becomes, is the need still there?…
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Mind-Numbed Antis Need Maya’s Instructions re DRBC Mar 15 Mtg

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. No matter, the DRBC is plowing ahead with its plan and will hold a public hearing this Wednesday, March 15. We previously shared with you the secret marching orders from anti-pipeline Nazis called THE Delaware Riverkeeper (see THE Delaware Riverkeeper Plans to Pack DRBC Hearing to Oppose PennEast). Our insider has sent us two more communications from Riverkeeper to the apparently mind-numbed robots they call supporters. The first email went out last Wednesday with instructions for the protesters who will attend the meeting. Riverkeeper is providing comments for them to read at the hearing. All of it 100% scripted. The follow-up email on Friday had to re-instruct the faithful. Apparently there was confusion and Riverkeeper had to tell them, once again, that they are to read from what THE Delaware Riverkeeper herself (Maya van Rossum) has written. Listen up stupids: you read what Maya wrote–you don’t depart from the script–or you risk her considerable wrath. Apparently Riverkeeper’s protesting followers are not bright enough to form their own arguments against PennEast…
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West Goshen’s Last Stand to Stop Mariner East 2 Pipeline

There are a few last, desperate gasps at attempting to stop Sunoco Logistics Partners’ Mariner East 2 natural gas liquids (NGL) pipeline from being built. The pipeline is currently under construction (see Mariner East 2 Pipeline Constructions Begins Across PA). Even though trees are getting cut and pipeline is being laid, that doesn’t stop libs in places like West Goshen Township (Chester County, near Philadelphia) from attempting to deny Sunoco a zoning permit for a valve on the pipeline. Sunoco has politely, but firmly, told West Goshen the pipeline doesn’t need a permit from the town to install a valve because it’s a state-permitted project. In other words, go pound sand. Sunoco plans to move forward, at the appropriate time, with installation and wants assurances from West Goshen the town won’t send in a local cop to stop them. It could get messy…
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PA DEP Cries the Blues: Getting $728M, “We Need More Money”

The Pennsylvania Dept. of Environmental Protection (DEP) says 2,400 staffers and $728 million (proposed for 2017-2018) isn’t enough. More! Feed me! I need more!! Appearing at a budget hearing yesterday with state legislators, Acting Secretary of the DEP Pat McDonnell cried the blues. The DEP is authorized, according to last year’s budget, to have 2,700 employees, but McDonnell says the agency currently has 2,400. Not sure what the 300 difference is about. But, whatever. He also says the federal EPA is about to whack the money it hands out to state agencies, including the DEP, and that has McDonnell concerned…
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